union calendar no. 79 th st congress session h. r. 3163...6 •hr 3163 rh 1 2013-2017 five-year data...

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Union Calendar No. 79 116TH CONGRESS

1ST SESSION H. R. 3163 [Report No. 116–106]

Making appropriations for the Departments of Transportation, and Housing

and Urban Development, and related agencies for the fiscal year ending

September 30, 2020, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 2019

Mr. PRICE, from the Committee on Appropriations, reported the following bill;

which was committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

A BILL Making appropriations for the Departments of Transpor-

tation, and Housing and Urban Development, and re-

lated agencies for the fiscal year ending September 30,

2020, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

That the following sums are appropriated, out of any 3

money in the Treasury not otherwise appropriated, for the 4

Departments of Transportation, and Housing and Urban 5

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Development, and related agencies for the fiscal year end-1

ing September 30, 2020, and for other purposes, namely: 2

TITLE I 3

DEPARTMENT OF TRANSPORTATION 4

OFFICE OF THE SECRETARY 5

SALARIES AND EXPENSES 6

For necessary expenses of the Office of the Secretary, 7

$113,910,000, of which not to exceed $3,065,000 shall be 8

available for the immediate Office of the Secretary; not 9

to exceed $1,000,000 shall be available for the immediate 10

Office of the Deputy Secretary; not to exceed $20,428,000 11

shall be available for the Office of the General Counsel; 12

not to exceed $10,331,000 shall be available for the Office 13

of the Under Secretary of Transportation for Policy; not 14

to exceed $14,300,000 shall be available for the Office of 15

the Assistant Secretary for Budget and Programs; not to 16

exceed $2,546,000 shall be available for the Office of the 17

Assistant Secretary for Governmental Affairs; not to ex-18

ceed $29,244,000 shall be available for the Office of the 19

Assistant Secretary for Administration; not to exceed 20

$2,142,000 shall be available for the Office of Public Af-21

fairs; not to exceed $1,859,000 shall be available for the 22

Office of the Executive Secretariat; not to exceed 23

$12,181,000 shall be available for the Office of Intel-24

ligence, Security, and Emergency Response; and not to ex-25


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ceed $16,814,000 shall be available for the Office of the 1

Chief Information Officer: Provided, That the Secretary 2

of Transportation is authorized to transfer funds appro-3

priated for any office of the Office of the Secretary to any 4

other office of the Office of the Secretary: Provided fur-5

ther, That no appropriation for any office shall be in-6

creased or decreased by more than 7 percent by all such 7

transfers: Provided further, That notice of any change in 8

funding greater than 7 percent shall be submitted for ap-9

proval to the House and Senate Committees on Appropria-10

tions: Provided further, That not to exceed $60,000 shall 11

be for allocation within the Department for official recep-12

tion and representation expenses as the Secretary may de-13

termine: Provided further, That notwithstanding any other 14

provision of law, excluding fees authorized in Public Law 15

107–71, there may be credited to this appropriation up 16

to $2,500,000 in funds received in user fees: Provided fur-17

ther, That none of the funds provided in this Act shall 18

be available for the position of Assistant Secretary for 19

Public Affairs. 20

RESEARCH AND TECHNOLOGY 21

For necessary expenses related to the Office of the 22

Assistant Secretary for Research and Technology, 23

$42,948,000, of which $21,166,000 shall remain available 24

until September 30, 2022, and of which $15,000,000, to 25


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remain available until expended, is for new competitive 1

grants under section 5505 of title 49, United States Code, 2

for Tier I University Transportation Centers: Provided, 3

That such amounts are in addition to amounts previously 4

provided for such program: Provided further, That section 5

5505(c)(4)(A) of title 49, United States Code, shall not 6

apply to amounts for additional Tier I University Trans-7

portation Centers provided under this heading: Provided 8

further, That there may be credited to this appropriation, 9

to be available until expended, funds received from States, 10

counties, municipalities, other public authorities, and pri-11

vate sources for expenses incurred for training: Provided 12

further, That any reference in law, regulation, judicial pro-13

ceedings, or elsewhere to the Research and Innovative 14

Technology Administration shall continue to be deemed to 15

be a reference to the Office of the Assistant Secretary for 16

Research and Technology of the Department of Transpor-17

tation. 18

NATIONAL INFRASTRUCTURE INVESTMENTS 19

For capital investments in surface transportation in-20

frastructure, $1,000,000,000, to remain available through 21

September 30, 2022: Provided, That the Secretary of 22

Transportation shall distribute funds provided under this 23

heading as discretionary grants to be awarded to a State, 24

local government, transit agency, port authority, or a col-25


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laboration among such entities on a competitive basis for 1

projects that will have a significant local or regional im-2

pact: Provided further, That projects eligible for funding 3

provided under this heading shall include, but not be lim-4

ited to, highway or bridge projects eligible under title 23, 5

United States Code; public transportation projects eligible 6

under chapter 53 of title 49, United States Code; pas-7

senger and freight rail transportation projects; and port 8

infrastructure investments (including inland port infra-9

structure and land ports of entry): Provided further, That 10

of the amount made available under this heading, the Sec-11

retary shall use $15,000,000 for the planning, preparation 12

or design of projects eligible for funding under this head-13

ing, with an emphasis on transit, transit oriented develop-14

ment, and multimodal projects: Provided further, That of 15

the amount made available under this heading, the Sec-16

retary shall use $20,000,000 for the planning, preparation 17

or design of projects eligible for funding under this head-18

ing located in areas of persistent poverty: Provided further, 19

That the term persistent poverty means any county that 20

has had 20 percent or more of its population living in pov-21

erty over the past 30 years, as measured by the 1990 and 22

2000 decennial census and the most recent Small Area 23

Income and Poverty Estimates, or any census tract with 24

a poverty rate of at least 20 percent as measured by the 25


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2013-2017 five-year data series available from the Amer-1

ican Community Survey of the Census Bureau: Provided 2

further, That grants awarded under the previous three 3

provisos shall not be subject to a minimum grant size: Pro-4

vided further, That the Secretary may use up to 20 per-5

cent of the funds made available under this heading for 6

the purpose of paying the subsidy and administrative costs 7

of projects eligible for Federal credit assistance under 8

chapter 6 of title 23, United States Code, or sections 501 9

through 504 of the Railroad Revitalization and Regulatory 10

Reform Act of 1976 (Public Law 94–210), as amended, 11

if the Secretary finds that such use of the funds would 12

advance the purposes of this paragraph: Provided further, 13

That in distributing funds provided under this heading, 14

the Secretary shall take such measures so as to ensure 15

an equitable geographic distribution of funds, an equitable 16

distribution of funds between urban and rural areas, and 17

the investment in a variety of transportation modes, in-18

cluding public transit, passenger rail, and pedestrian im-19

provements: Provided further, That a grant funded under 20

this heading shall be not less than $5,000,000 and not 21

greater than $50,000,000: Provided further, That not 22

more than 15 percent of the funds made available under 23

this heading may be awarded to projects in a single State: 24

Provided further, That the Federal share of the costs for 25


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which an expenditure is made under this heading shall be, 1

at the option of the recipient, up to 80 percent: Provided 2

further, That the Secretary shall give priority to projects 3

that require a contribution of Federal funds in order to 4

complete an overall financing package: Provided further, 5

That of the funds awarded under this heading not more 6

than 50 percent shall be for projects located in a rural 7

area with a population equal to or less than 200,000: Pro-8

vided further, That for projects located in a rural area, 9

the minimum grant size shall be $1,000,000 and the Sec-10

retary may increase the Federal share of costs above 80 11

percent: Provided further, That of the funds awarded 12

under this heading not more than 50 percent shall be for 13

projects located in an urbanized area with a population 14

of more than 200,000: Provided further, That funds for 15

an urbanized area under the previous proviso may be obli-16

gated to projects in the metropolitan area established 17

under section 134 of title 23, United States Code, that 18

encompasses such urbanized area: Provided further, That 19

the Secretary shall consider the benefits of a project on 20

urban and rural areas to the fullest extent to include all 21

relevant geographic areas: Provided further, That projects 22

conducted using funds provided under this heading must 23

comply with the requirements of subchapter IV of chapter 24

31 of title 40, United States Code: Provided further, That 25


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the Secretary shall conduct a new competition to select 1

the grants and credit assistance awarded under this head-2

ing: Provided further, That the Secretary may retain up 3

to $25,000,000 of the funds provided under this heading, 4

and may transfer portions of those funds to the Adminis-5

trators of the Federal Highway Administration, the Fed-6

eral Transit Administration, the Federal Railroad Admin-7

istration, and the Maritime Administration to fund the 8

award and oversight of grants and credit assistance made 9

under the National Infrastructure Investments program: 10

Provided further, That the Secretary shall consider and 11

award projects based solely on the selection criteria from 12

the fiscal year 2017 Notice of Funding Opportunity: Pro-13

vided further, That, notwithstanding the previous proviso, 14

the Secretary shall not use the Federal share or an appli-15

cant’s ability to generate non-Federal revenue as a selec-16

tion criteria in awarding projects: Provided further, That 17

the Secretary shall issue the Notice of Funding Oppor-18

tunity no later than 60 days after enactment of this Act: 19

Provided further, That such Notice of Funding Oppor-20

tunity shall require application submissions 90 days after 21

the publishing of such Notice: Provided further, That of 22

the applications submitted under the previous two pro-23

visos, the Secretary shall make grants no later than 270 24

days after enactment of this Act in such amounts that 25


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the Secretary determines: Provided further, That such 1

sums provided for national infrastructure investments for 2

multimodal safety projects under title VIII of division F 3

of the Consolidated and Further Continuing Appropria-4

tions Act, 2013 (Public Law 113–6; 127 Stat. 432) shall 5

remain available through fiscal year 2024 for the liquida-6

tion of valid obligations of active grants awarded with this 7

funding: Provided further, That the preceding proviso shall 8

be applied as if it were in effect on September 30, 2019. 9

NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 10

FINANCE BUREAU 11

For necessary expenses of the National Surface 12

Transportation and Innovative Finance Bureau as author-13

ized by 49 U.S.C. 116, $5,000,000, to remain available 14

until expended: Provided, That the Secretary shall notify 15

the House and Senate Committees on Appropriations no 16

less than 15 days prior to exercising the transfer authority 17

granted under section 116(h) of title 49, United States 18

Code. 19

FINANCIAL MANAGEMENT CAPITAL 20

For necessary expenses for upgrading and enhancing 21

the Department of Transportation’s financial systems and 22

re-engineering business processes, $2,000,000, to remain 23

available through September 30, 2021. 24


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CYBER SECURITY INITIATIVES 1

For necessary expenses for cyber security initiatives, 2

including necessary upgrades to wide area network and 3

information technology infrastructure, improvement of 4

network perimeter controls and identity management, 5

testing and assessment of information technology against 6

business, security, and other requirements, implementa-7

tion of Federal cyber security initiatives and information 8

infrastructure enhancements, and implementation of en-9

hanced security controls on network devices, $15,000,000, 10

to remain available through September 30, 2021. 11

OFFICE OF CIVIL RIGHTS 12

For necessary expenses of the Office of Civil Rights, 13

$9,470,000. 14

TRANSPORTATION PLANNING, RESEARCH, AND 15

DEVELOPMENT 16

For necessary expenses for conducting transportation 17

planning, research, systems development, development ac-18

tivities, and making grants, $15,879,000, to remain avail-19

able until expended: Provided, That of such amount, 20

$1,000,000 shall be for necessary expenses of the Inter-21

agency Infrastructure Permitting Improvement Center 22

(IIPIC): Provided further, That there may be transferred 23

to this appropriation, to remain available until expended, 24

amounts transferred from other Federal agencies for ex-25


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penses incurred under this heading for IIPIC activities not 1

related to transportation infrastructure: Provided further, 2

That the tools and analysis developed by the IIPIC shall 3

be available to other Federal agencies for the permitting 4

and review of major infrastructure projects not related to 5

transportation only to the extent that other Federal agen-6

cies provide funding to the Department as provided for 7

under the previous proviso. 8

WORKING CAPITAL FUND 9

For necessary expenses for operating costs and cap-10

ital outlays of the Working Capital Fund, not to exceed 11

$424,901,000, shall be paid from appropriations made 12

available to the Department of Transportation: Provided, 13

That such services shall be provided on a competitive basis 14

to entities within the Department of Transportation: Pro-15

vided further, That the above limitation on operating ex-16

penses shall not apply to non-DOT entities: Provided fur-17

ther, That no funds appropriated in this Act to an agency 18

of the Department shall be transferred to the Working 19

Capital Fund without majority approval of the Working 20

Capital Fund Steering Committee and approval of the 21

Secretary: Provided further, That no assessments may be 22

levied against any program, budget activity, subactivity or 23

project funded by this Act unless notice of such assess-24

ments and the basis therefor are presented to the House 25


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and Senate Committees on Appropriations and are ap-1

proved by such Committees. 2

SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND 3

OUTREACH 4

For necessary expenses for small and disadvantaged 5

business utilization and outreach activities, $4,646,000, to 6

remain available until September 30, 2021: Provided, 7

That notwithstanding 49 U.S.C. 332, these funds may be 8

used for business opportunities related to any mode of 9

transportation: Provided further, That appropriations 10

made available under this heading shall be available for 11

any purpose consistent with prior year appropriations that 12

were made available under the heading ‘‘Minority Busi-13

ness Resource Center Program’’. 14

PAYMENTS TO AIR CARRIERS 15

(AIRPORT AND AIRWAY TRUST FUND) 16

In addition to funds made available from any other 17

source to carry out the essential air service program under 18

49 U.S.C. 41731 through 41742, $175,000,000, to be de-19

rived from the Airport and Airway Trust Fund, to remain 20

available until expended: Provided, That in determining 21

between or among carriers competing to provide service 22

to a community, the Secretary may consider the relative 23

subsidy requirements of the carriers: Provided further, 24

That basic essential air service minimum requirements 25


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shall not include the 15-passenger capacity requirement 1

under subsection 41732(b)(3) of title 49, United States 2

Code: Provided further, That none of the funds in this Act 3

or any other Act shall be used to enter into a new contract 4

with a community located less than 40 miles from the 5

nearest small hub airport before the Secretary has nego-6

tiated with the community over a local cost share: Pro-7

vided further, That amounts authorized to be distributed 8

for the essential air service program under subsection 9

41742(b) of title 49, United States Code, shall be made 10

available immediately from amounts otherwise provided to 11

the Administrator of the Federal Aviation Administration: 12

Provided further, That the Administrator may reimburse 13

such amounts from fees credited to the account estab-14

lished under section 45303 of title 49, United States Code. 15

ADMINISTRATIVE PROVISIONS—OFFICE OF THE 16

SECRETARY OF TRANSPORTATION 17

SEC. 101. None of the funds made available in this 18

Act to the Department of Transportation may be obligated 19

for the Office of the Secretary of Transportation to ap-20

prove assessments or reimbursable agreements pertaining 21

to funds appropriated to the modal administrations in this 22

Act, except for activities underway on the date of enact-23

ment of this Act, unless such assessments or agreements 24


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have completed the normal reprogramming process for 1

Congressional notification. 2

SEC. 102. The Secretary shall post on the Web site 3

of the Department of Transportation a schedule of all 4

meetings of the Council on Credit and Finance, including 5

the agenda for each meeting, and require the Council on 6

Credit and Finance to record the decisions and actions 7

of each meeting. 8

SEC. 103. In addition to authority provided by section 9

327 of title 49, United States Code, the Department’s 10

Working Capital Fund is hereby authorized to provide 11

partial or full payments in advance and accept subsequent 12

reimbursements from all Federal agencies from available 13

funds for transit benefit distribution services that are nec-14

essary to carry out the Federal transit pass transportation 15

fringe benefit program under Executive Order No. 13150 16

and section 3049 of Public Law 109–59: Provided, That 17

the Department shall maintain a reasonable operating re-18

serve in the Working Capital Fund, to be expended in ad-19

vance to provide uninterrupted transit benefits to Govern-20

ment employees: Provided further, That such reserve will 21

not exceed one month of benefits payable and may be used 22

only for the purpose of providing for the continuation of 23

transit benefits: Provided further, That the Working Cap-24

ital Fund will be fully reimbursed by each customer agen-25


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cy from available funds for the actual cost of the transit 1

benefit. 2

SEC. 104. For an additional amount for ‘‘Office of 3

the Secretary—Salaries and Expenses’’, $2,052,000, to 4

become available on the date on which the Secretary an-5

nounces the selection of projects to receive awards for each 6

of the following competitive grants, with respect to funds 7

made available for fiscal year 2017 or fiscal year 2018 8

for such grants: 9

(a) Federal-State Partnership for State of Good Re-10

pair Grants, as authorized by section 24911 of title 49, 11

United States Code, and as funded under the heading 12

‘‘Federal Railroad Administration—Federal-State Part-13

nership for State of Good Repair Grants’’ by Public Law 14

115–31 and as funded under the heading ‘‘Federal Rail-15

road Administration—Federal-State Partnership for State 16

of Good Repair’’ by Public Law 115–141; 17

(b) Consolidated Rail Infrastructure and Safety Im-18

provements Grants, as authorized by section 22907 of title 19

49, United States Code, and as funded under the heading 20

‘‘Federal Railroad Administration—Consolidated Rail In-21

frastructure and Safety Improvements’’ by Public Law 22

115–141; and 23

(c) Restoration and Enhancement Grants, as author-24

ized by section 22908 of title 49, United States Code, and 25


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as funded under the heading ‘‘Federal Railroad Adminis-1

tration—Restoration and Enhancement Grants’’ by Public 2

Law 115–31 and as funded under the heading ‘‘Federal 3

Railroad Administration—Restoration and Enhancement’’ 4

by Public Law 115–141. 5

SEC. 105. (a) Of the amount made available to ‘‘Of-6

fice of the Secretary—Research and Technology’’, 7

$1,000,000 shall be for the Secretary of Transportation 8

to enter into an arrangement with the National Academies 9

of Sciences, Engineering, and Medicine to conduct a study 10

through the Transportation Research Board on effective 11

ways to measure the resilience of transportation systems 12

and services to natural disasters, natural hazards, and 13

other potential disruptions. 14

(b) The study conducted pursuant to subsection (a) 15

shall— 16

(1) identify and examine approaches used by 17

Federal agencies, States, metropolitan planning or-18

ganizations, local governments, and other organiza-19

tions, including approaches described in academic 20

literature, to develop metrics for transportation resil-21

ience, including methodologies used for quantitative 22

and qualitative data collection and analysis; and 23

(2) provide findings and recommendations on 24

approaches to measuring resilience that have shown 25


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or promise success, and strategies to overcome chal-1

lenges in measuring resilience. 2

(c) No later than 30 days after the date of enactment 3

of this Act, the Secretary of Transportation shall enter 4

into the arrangement described in subsection (a). 5

(d) No later than 210 days after the date of enact-6

ment of this Act, the National Academies of Sciences, En-7

gineering, and Medicine shall provide an interim report 8

of its findings to the Committees on Appropriations of the 9

House of Representatives and Senate. 10

(e) No later than 1 year after the date of enactment 11

of this Act, the Secretary of Transportation shall submit 12

to the Committees on Appropriations of the House of Rep-13

resentatives and Senate the final study developed by the 14

National Academies of Sciences, Engineering, and Medi-15

cine. 16

SEC. 106. (a) Of the amount made available to ‘‘Of-17

fice of the Secretary—Research and Technology’’, 18

$10,000,000 shall be for the establishment of a Highly 19

Automated Systems Safety Center of Excellence within 20

the Department of Transportation, in order to have a De-21

partment of Transportation workforce capable of review-22

ing, validating, and certifying the safety of automated 23

technologies. 24


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(b) The Highly Automated Systems Safety Center of 1

Excellence shall –— 2

(1) serve as a single place within the Depart-3

ment of Transportation for expertise in automation 4

and human behavior, computer science, machine 5

learning, sensors, and other technologies involving 6

automated systems; 7

(2) support all Operating Administrations of 8

the Department of Transportation; and 9

(3) have a workforce composed of Department 10

of Transportation employees, including direct hires 11

or detailees from Operating Administrations. 12

(c) Employees of the Highly Automated Systems 13

Safety Center of Excellence shall audit, inspect, and cer-14

tify highly automated systems to ensure their safety. 15

(d) No later than 90 days after the date of enactment 16

of this Act, the Secretary shall report to the Committees 17

on Appropriations of the House of Representatives and the 18

Senate on staffing needs and the staffing plan for the 19

Highly Automated Systems Safety Center of Excellence. 20

FEDERAL AVIATION ADMINISTRATION 21

OPERATIONS 22


For necessary expenses of the Federal Aviation Ad-24

ministration, not otherwise provided for, including oper-25


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ations and research activities related to commercial space 1

transportation, administrative expenses for research and 2

development, establishment of air navigation facilities, the 3

operation (including leasing) and maintenance of aircraft, 4

subsidizing the cost of aeronautical charts and maps sold 5

to the public, the lease or purchase of passenger motor 6

vehicles for replacement only, $10,677,758,000, to remain 7

available until September 30, 2021, of which 8

$9,833,400,000 shall be derived from the Airport and Air-9

way Trust Fund: Provided, That of the sums appropriated 10

under this heading — 11

(1) not less than $1,603,969,000 shall be avail-12

able for aviation safety activities; 13

(2) not to exceed $7,841,720,000 shall be avail-14

able for air traffic organization activities; 15

(3) not to exceed $24,949,000 shall be available 16

for commercial space transportation activities; 17

(4) not to exceed $816,398,000 shall be avail-18

able for finance and management activities; 19


for NextGen and operations planning activities; 21


able for security and hazardous materials safety; and 23


able for staff offices, of which $5,000,000 is for the 25


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Minority Serving Institutions internship program, 1

$5,000,000 is for the aviation maintenance techni-2

cian development program (as described in section 3

625 of Public Law 115–254), and $5,000,000 is for 4

the aviation workforce development program (as de-5

scribed in section 625 of Public Law 115–254): 6

Provided further, That not to exceed 5 percent of any 7

budget activity, except for aviation safety budget activity, 8

may be transferred to any budget activity under this head-9

ing: Provided further, That no transfer may increase or 10

decrease any appropriation by more than 5 percent: Pro-11

vided further, That any transfer in excess of 5 percent 12

shall be treated as a reprogramming of funds under sec-13

tion 405 of this Act and shall not be available for obliga-14

tion or expenditure except in compliance with the proce-15

dures set forth in that section: Provided further, That not 16

later than 60 days after the submission of the budget re-17

quest, the Administrator of the Federal Aviation Adminis-18

tration shall transmit to Congress an annual update to 19

the report submitted to Congress in December 2004 pur-20

suant to section 221 of Public Law 108–176: Provided fur-21

ther, That the amount herein appropriated shall be re-22

duced by $100,000 for each day after the date that is 60 23

days after the submission of the budget request that such 24

report has not been submitted to the Congress: Provided 25


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further, That not later than 60 days after the submission 1

of the budget request, the Administrator shall transmit 2

to Congress a companion report that describes a com-3

prehensive strategy for staffing, hiring, and training flight 4

standards and aircraft certification staff in a format simi-5

lar to the one utilized for the controller staffing plan, in-6

cluding stated attrition estimates and numerical hiring 7

goals by fiscal year: Provided further, That the amount 8

herein appropriated shall be reduced by $100,000 per day 9

for each day after the date that is 60 days after the sub-10

mission of the budget request that such report has not 11

been submitted to Congress: Provided further, That funds 12

may be used to enter into a grant agreement with a non-13

profit standard-setting organization to assist in the devel-14

opment of aviation safety standards: Provided further, 15

That none of the funds in this Act shall be available for 16

new applicants for the second career training program: 17

Provided further, That none of the funds in this Act shall 18

be available for the Federal Aviation Administration to fi-19

nalize or implement any regulation that would promulgate 20

new aviation user fees not specifically authorized by law 21

after the date of the enactment of this Act: Provided fur-22

ther, That there may be credited to this appropriation, as 23

offsetting collections, funds received from States, counties, 24

municipalities, foreign authorities, other public authori-25


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ties, and private sources for expenses incurred in the pro-1

vision of agency services, including receipts for the mainte-2

nance and operation of air navigation facilities, and for 3

issuance, renewal or modification of certificates, including 4

airman, aircraft, and repair station certificates, or for 5

tests related thereto, or for processing major repair or al-6

teration forms: Provided further, That of the funds appro-7

priated under this heading, not less than $169,000,000 8

shall be used to fund direct operations of the current air 9

traffic control towers in the contract tower program, in-10

cluding the contract tower cost share program, and any 11

airport that is currently qualified or that will qualify for 12

the program during the fiscal year: Provided further, That 13

none of the funds in this Act for aeronautical charting 14

and cartography are available for activities conducted by, 15

or coordinated through, the Working Capital Fund: Pro-16

vided further, That none of the funds appropriated or oth-17

erwise made available by this Act or any other Act may 18

be used to eliminate the Contract Weather Observers pro-19

gram at any airport: Provided further, That the opening, 20

closing, reorganization, or redesignation of field or re-21

gional offices shall be subject to the requirements of sec-22

tion 405 of this Act. 23


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FACILITIES AND EQUIPMENT 1


For necessary expenses, not otherwise provided for, 3

for acquisition, establishment, technical support services, 4

improvement by contract or purchase, and hire of national 5

airspace systems and experimental facilities and equip-6

ment, as authorized under part A of subtitle VII of title 7

49, United States Code, including initial acquisition of 8

necessary sites by lease or grant; engineering and service 9

testing, including construction of test facilities and acqui-10

sition of necessary sites by lease or grant; construction 11

and furnishing of quarters and related accommodations 12

for officers and employees of the Federal Aviation Admin-13

istration stationed at remote localities where such accom-14

modations are not available; and the purchase, lease, or 15

transfer of aircraft from funds available under this head-16

ing, including aircraft for aviation regulation and certifi-17

cation; to be derived from the Airport and Airway Trust 18

Fund, $3,000,000,000, of which $512,823,000 shall re-19

main available until September 30, 2021, $2,372,127,000 20

shall remain available until September 30, 2022, and 21

$115,050,000 shall remain available until expended: Pro-22

vided, That there may be credited to this appropriation 23

funds received from States, counties, municipalities, other 24

public authorities, and private sources, for expenses in-25


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curred in the establishment, improvement, and moderniza-1

tion of national airspace systems: Provided further, That 2

no later than 60 days after the submission of the budget 3

request, the Secretary of Transportation shall transmit to 4

the Congress an investment plan for the Federal Aviation 5

Administration which includes funding for each budget 6

line item for fiscal years 2021 through 2025, with total 7

funding for each year of the plan constrained to the fund-8

ing targets for those years as estimated and approved by 9

the Office of Management and Budget. 10

RESEARCH, ENGINEERING, AND DEVELOPMENT 11


For necessary expenses, not otherwise provided for, 13

for research, engineering, and development, as authorized 14

under part A of subtitle VII of title 49, United States 15

Code, including construction of experimental facilities and 16

acquisition of necessary sites by lease or grant, 17

$191,100,000, to be derived from the Airport and Airway 18

Trust Fund and to remain available until September 30, 19

2022: Provided, That there may be credited to this appro-20

priation as offsetting collections, funds received from 21

States, counties, municipalities, other public authorities, 22

and private sources, which shall be available for expenses 23

incurred for research, engineering, and development: Pro-24

vided further, That funds made available under this head-25


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ing shall be used in accordance with the report accom-1

panying this Act: Provided further, That not to exceed 10 2

percent of any funding level specified under this heading 3

in the report accompanying this Act may be transferred 4

to any other funding level specified under this heading in 5

the report accompanying this Act: Provided further, That 6

no transfer may increase or decrease any funding level by 7

more than 10 percent: Provided further, That any transfer 8

in excess of 10 percent shall be treated as a reprogram-9

ming of funds under section 405 of this Act and shall not 10

be available for obligation or expenditure except in compli-11

ance with the procedures set forth in that section. 12

GRANTS-IN-AID FOR AIRPORTS 13

(LIQUIDATION OF CONTRACT AUTHORIZATION) 14

(LIMITATION ON OBLIGATIONS) 15


(INCLUDING TRANSFER OF FUNDS) 17

For liquidation of obligations incurred for grants-in- 18

aid for airport planning and development, and noise com-19

patibility planning and programs as authorized under sub-20

chapter I of chapter 471 and subchapter I of chapter 475 21

of title 49, United States Code, and under other law au-22

thorizing such obligations; for procurement, installation, 23

and commissioning of runway incursion prevention devices 24

and systems at airports of such title; for grants authorized 25


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under section 41743 of title 49, United States Code; and 1

for inspection activities and administration of airport safe-2

ty programs, including those related to airport operating 3

certificates under section 44706 of title 49, United States 4

Code, $3,000,000,000, to be derived from the Airport and 5

Airway Trust Fund and to remain available until ex-6

pended: Provided, That none of the funds under this head-7

ing shall be available for the planning or execution of pro-8

grams the obligations for which are in excess of 9

$3,350,000,000 in fiscal year 2020, notwithstanding sec-10

tion 47117(g) of title 49, United States Code: Provided 11

further, That none of the funds under this heading shall 12

be available for the replacement of baggage conveyor sys-13

tems, reconfiguration of terminal baggage areas, or other 14

airport improvements that are necessary to install bulk ex-15

plosive detection systems: Provided further, That notwith-16

standing section 47109(a) of title 49, United States Code, 17

the Government’s share of allowable project costs under 18

paragraph (2) for subgrants or paragraph (3) of that sec-19

tion shall be 95 percent for a project at other than a large 20

or medium hub airport that is a successive phase of a 21

multi-phased construction project for which the project 22

sponsor received a grant in fiscal year 2011 for the con-23

struction project: Provided further, That notwithstanding 24

any other provision of law, of funds limited under this 25


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heading, not more than $112,600,000 shall be available 1

for administration, not less than $15,000,000 shall be 2

available for the Airport Cooperative Research Program, 3

not less than $33,210,000 shall be available for Airport 4

Technology Research, and $10,000,000, to remain avail-5

able until expended, shall be available and transferred to 6

‘‘Office of the Secretary, Salaries and Expenses’’ to carry 7

out the Small Community Air Service Development Pro-8

gram: Provided further, That in addition to airports eligi-9

ble under section 41743 of title 49, United States Code, 10

such program may include the participation of an airport 11

that serves a community or consortium that is not larger 12

than a small hub airport, according to FAA hub classifica-13

tions effective at the time the Office of the Secretary 14

issues a request for proposals. 15

GRANTS-IN-AID FOR AIRPORTS 16

For an additional amount for ‘‘Grants-In-Aid for Air-17

ports’’, to enable the Secretary of Transportation to make 18

grants for projects as authorized by subchapter 1 of chap-19

ter 471 and subchapter 1 of chapter 475 of title 49, 20

United States Code, $500,000,000, to remain available 21

through September 30, 2022: Provided, That amounts 22

made available under this heading shall be derived from 23

the general fund, and such funds shall not be subject to 24

apportionment formulas, special apportionment categories, 25


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or minimum percentages under chapter 471: Provided fur-1

ther, That the Secretary shall distribute funds provided 2

under this heading as discretionary grants to airports: 3

Provided further, That the amount made available under 4

this heading shall not be subject to any limitation on obli-5

gations for the Grants-in-Aid for Airports program set 6

forth in any Act: Provided further, That the Administrator 7

of the Federal Aviation Administration may retain up to 8

0.5 percent of the funds provided under this heading to 9

fund the award and oversight by the Administrator of 10

grants made under this heading: Provided further, That11

section 47115(j) of title 49, United States Code, shall not 12

apply with respect to amounts made available under this 13

heading: Provided further, That priority consideration 14

shall be, without regard to airport size, based on project 15

justification and completeness of pre-grant actions. 16

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 17

ADMINISTRATION 18

SEC. 110. None of the funds in this Act may be used 19

to compensate in excess of 600 technical staff-years under 20

the federally funded research and development center con-21

tract between the Federal Aviation Administration and the 22

Center for Advanced Aviation Systems Development dur-23

ing fiscal year 2020. 24


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SEC. 111. None of the funds in this Act shall be used 1

to pursue or adopt guidelines or regulations requiring air-2

port sponsors to provide to the Federal Aviation Adminis-3

tration without cost building construction, maintenance, 4

utilities and expenses, or space in airport sponsor-owned 5

buildings for services relating to air traffic control, air 6

navigation, or weather reporting: Provided, That the pro-7

hibition of funds in this section does not apply to negotia-8

tions between the agency and airport sponsors to achieve 9

agreement on ‘‘below-market’’ rates for these items or to 10

grant assurances that require airport sponsors to provide 11

land without cost to the Federal Aviation Administration 12

for air traffic control facilities. 13

SEC. 112. The Administrator of the Federal Aviation 14

Administration may reimburse amounts made available to 15

satisfy 49 U.S.C. 41742(a)(1) from fees credited under 16

49 U.S.C. 45303 and any amount remaining in such ac-17

count at the close of that fiscal year may be made available 18

to satisfy section 41742(a)(1) for the subsequent fiscal 19

year. 20

SEC. 113. Amounts collected under section 40113(e) 21

of title 49, United States Code, shall be credited to the 22

appropriation current at the time of collection, to be 23

merged with and available for the same purposes of such 24

appropriation. 25


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SEC. 114. None of the funds in this Act shall be avail-1

able for paying premium pay under subsection 5546(a) of 2

title 5, United States Code, to any Federal Aviation Ad-3

ministration employee unless such employee actually per-4

formed work during the time corresponding to such pre-5

mium pay. 6

SEC. 115. None of the funds in this Act may be obli-7

gated or expended for an employee of the Federal Aviation 8

Administration to purchase a store gift card or gift certifi-9

cate through use of a Government-issued credit card. 10

SEC. 116. None of the funds in this Act may be obli-11

gated or expended for retention bonuses for an employee 12

of the Federal Aviation Administration without the prior 13

written approval of the Assistant Secretary for Adminis-14

tration of the Department of Transportation. 15

SEC. 117. Notwithstanding any other provision of 16

law, none of the funds made available under this Act or 17

any prior Act may be used to implement or to continue 18

to implement any limitation on the ability of any owner 19

or operator of a private aircraft to obtain, upon a request 20

to the Administrator of the Federal Aviation Administra-21

tion, a blocking of that owner’s or operator’s aircraft reg-22

istration number from any display of the Federal Aviation 23

Administration’s Aircraft Situational Display to Industry 24

data that is made available to the public, except data made 25


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available to a Government agency, for the noncommercial 1

flights of that owner or operator. 2

SEC. 118. None of the funds in this Act shall be avail-3

able for salaries and expenses of more than eight political 4

and Presidential appointees in the Federal Aviation Ad-5

ministration. 6

SEC. 119. None of the funds made available under 7

this Act may be used to increase fees pursuant to section 8

44721 of title 49, United States Code, until the Federal 9

Aviation Administration provides to the House and Senate 10

Committees on Appropriations a report that justifies all 11

fees related to aeronautical navigation products and ex-12

plains how such fees are consistent with Executive Order 13

13642. 14

SEC. 119A. None of the funds in this Act may be 15

used to close a regional operations center of the Federal 16

Aviation Administration or reduce its services unless the 17

Administrator notifies the House and Senate Committees 18

on Appropriations not less than 90 full business days in 19

advance. 20

SEC. 119B. None of the funds appropriated or lim-21

ited by this Act may be used to change weight restrictions 22

or prior permission rules at Teterboro airport in 23

Teterboro, New Jersey. 24


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SEC. 119C. None of the funds provided under this 1

Act may be used by the Administrator of the Federal Avia-2

tion Administration to withhold from consideration and 3

approval any new application for participation in the Con-4

tract Tower Program, or for reevaluation of Cost-share 5

Program participants as long as the Federal Aviation Ad-6

ministration has received an application from the airport, 7

and as long as the Administrator determines such tower 8

is eligible. 9

SEC. 119D. Of the funds provided under the heading 10

‘‘Grants-in-aid for Airports’’, up to $3,500,000 may be for 11

necessary expenses, including an independent verification 12

regime, to provide reimbursement to airport sponsors that 13

do not provide gateway operations and providers of gen-14

eral aviation ground support services located at those air-15

ports closed during a temporary flight restriction (TFR) 16

for any residence of the President that is designated or 17

identified to be secured by the United States Secret Serv-18

ice, and for direct and incremental financial losses in-19

curred while such airports are closed solely due to the ac-20

tions of the Federal Government: Provided, That no funds 21

shall be obligated or distributed to airport sponsors that 22

do not provide gateway operations and providers of gen-23

eral aviation ground support services until an independent 24

audit is completed: Provided further, That losses incurred 25


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as a result of violations of law, or through fault or neg-1

ligence, of such operators and service providers or of third 2

parties (including airports) are not eligible for reimburse-3

ments: Provided further, That obligation and expenditure 4

of funds are conditional upon full release of the United 5

States Government for all claims for financial losses re-6

sulting from such actions. 7

FEDERAL HIGHWAY ADMINISTRATION 8

LIMITATION ON ADMINISTRATIVE EXPENSES 9

(HIGHWAY TRUST FUND) 10


Not to exceed $453,549,689, together with advances 12

and reimbursements received by the Federal Highway Ad-13

ministration, shall be obligated for necessary expenses for 14

administration and operation of the Federal Highway Ad-15

ministration. In addition, $3,248,000 shall be transferred 16

to the Appalachian Regional Commission in accordance 17

with section 104(a) of title 23, United States Code. 18

FEDERAL-AID HIGHWAYS 19



Funds available for the implementation or execution 22

of Federal-aid highway and highway safety construction 23

programs authorized under titles 23 and 49, United States 24

Code, and the provisions of the Fixing America’s Surface 25


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Transportation (FAST) Act (Public Law 114-94) shall 1

not exceed total obligations of $46,365,092,000 for fiscal 2

year 2020: Provided, That the Secretary may collect and 3

spend fees, as authorized by title 23, United States Code, 4

to cover the costs of services of expert firms, including 5

counsel, in the field of municipal and project finance to 6

assist in the underwriting and servicing of Federal credit 7

instruments and all or a portion of the costs to the Federal 8

Government of servicing such credit instruments: Provided 9

further, That such fees are available until expended to pay 10

for such costs: Provided further, That such amounts are 11

in addition to administrative expenses that are also avail-12

able for such purpose, and are not subject to any obliga-13

tion limitation or the limitation on administrative expenses 14

under section 608 of title 23, United States Code. 15



For the payment of obligations incurred in carrying 18

out Federal-aid highway and highway safety construction 19

programs authorized under title 23, United States Code, 20

$47,104,092,000 derived from the Highway Trust Fund 21

(other than the Mass Transit Account), to remain avail-22

able until expended. 23


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HIGHWAY INFRASTRUCTURE PROGRAMS 1

There is hereby appropriated to the Secretary of 2

Transportation $1,750,000,000: Provided, That the 3

amounts made available under this heading shall be de-4

rived from the general fund, shall be in addition to any 5

funds provided for fiscal year 2020 in this or any other 6

Act for ‘‘Federal-aid Highways’’ under chapter 1 of title 7

23, United States Code, and shall not affect the distribu-8

tion or amount of funds provided in any other Act: Pro-9

vided further, That of the sums made available under this 10

heading: 11

(1) $1,493,100,000 shall be for activities eligi-12

ble under section 133(b) of title 23, United States 13

Code, for the elimination of hazards and the installa-14

tion of protective devices at railway-highway cross-15

ings, and to provide necessary charging infrastruc-16

ture along corridor ready or corridor pending alter-17

native fuel corridors as defined under 23 U.S.C. 18

151; 19

(2) $5,451,000 shall be for activities eligible 20

under the Puerto Rico Highway Program as de-21

scribed in section 165(b)(2)(C) of title 23, United 22

States Code; 23

(3) $1,449,000 shall be for activities eligible 24

under the Territorial Highway Program, as de-25


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scribed in section 165(c)(6) of title 23, United 1

States Code; 2

(4) $166,000,000 shall be for the nationally 3

significant Federal lands and tribal projects program 4

under section 1123 of the FAST Act; 5

(5) $50,000,000 shall be for competitive grants 6

for activities described in section 130(a) of title 23, 7

United States Code; 8

(6) $15,000,000 shall be for grants for Ad-9

vanced Digital Construction Management Systems; 10

(7) $12,000,0000 shall be for the Regional In-11

frastructure Accelerator Demonstration Program au-12

thorized under section 1441 of the FAST Act; 13

(8) $5,000,000 shall be for a National Road 14

Network Pilot Program for the Federal Highway 15

Administration to create a national level, geo-spatial 16

dataset that uses data already collected under the 17

Highway Performance Monitoring System; and 18

(9) $2,000,000 shall be for research that leads 19

to decreases in highway and pedestrian fatalities 20

among Tribal populations: 21

Provided further, That the funds made available under this 22

heading for activities eligible under section 133(b) of title 23

23, United States Code, for the elimination of hazards and 24

the installation of protective devices at railway-highway 25


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crossings, and to provide charging infrastructure for alter-1

native fuel corridors, shall be suballocated in the manner 2

described in section 133(d) of such title, except that the 3

set-aside described in section 133(h) of title 23, United 4

States Code shall not apply to funds made available under 5

this heading: Provided further, That the funds made avail-6

able under this heading in paragraph (1), shall be admin-7

istered as if apportioned under chapter 1 of such title and 8

shall remain available through September 30, 2023: Pro-9

vided further, That the funds made available under this 10

heading in paragraph (1), shall be apportioned to the 11

States in the same ratio as the obligation limitation for 12

fiscal year 2020 is distributed among the States in section 13

120(a)(5) of this Act: Provided further, That, except as 14

provided in the following proviso, the funds made available 15

under this heading for activities eligible under the Puerto 16

Rico Highway Program and activities eligible under the 17

Territorial Highway Program shall be administered as if 18

allocated under sections 165(b) and 165(c), respectively, 19

of such title and shall remain available through September 20

30, 2023: Provided further, That the funds made available 21

under this heading for activities eligible under the Puerto 22

Rico Highway Program shall not be subject to the require-23

ments of sections 165(b)(2)(A) or 165(b)(2)(B) of such 24

title: Provided further, That the funds made available 25


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under this heading for the nationally significant Federal 1

lands and tribal projects program under section 1123 of 2

the FAST Act shall remain available through September 3

30, 2023: Provided further, That the funds made available 4

under this heading in paragraph (5) for the elimination 5

of hazards and the installation of protective devices at rail-6

way-highway crossings shall be available for projects eligi-7

ble under section 22907(c) of title 49, United States Code, 8

for commuter authorities, as defined in section 24102(2) 9

of title 49, United States Code, that experienced at least 10

one accident investigated by the National Transportation 11

Safety Board between January 1, 2008 and December 31, 12

2018: Provided further, That amounts provided under this 13

heading in paragraphs (5), (6), (7), (8), and (9) shall re-14

main available until expended: Provided further, That 15

funds made available under this heading for Advanced 16

Digital Construction Management Systems shall be for 17

competitive grants to State and local governments to de-18

velop and expand the capacity to use and deploy Advanced 19

Digital Construction Management Systems and the min-20

imum grant amount shall be $500,000. 21

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 22

ADMINISTRATION 23

SEC. 120. (a) For fiscal year 2020, the Secretary of 24

Transportation shall— 25


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(1) not distribute from the obligation limitation 1

for Federal-aid highways— 2

(A) amounts authorized for administrative 3

expenses and programs by section 104(a) of 4

title 23, United States Code; and 5

(B) amounts authorized for the Bureau of 6

Transportation Statistics; 7

(2) not distribute an amount from the obliga-8

tion limitation for Federal-aid highways that is equal 9

to the unobligated balance of amounts— 10

(A) made available from the Highway 11

Trust Fund (other than the Mass Transit Ac-12

count) for Federal-aid highway and highway 13

safety construction programs for previous fiscal 14

years the funds for which are allocated by the 15

Secretary (or apportioned by the Secretary 16

under sections 202 or 204 of title 23, United 17

States Code); and 18

(B) for which obligation limitation was 19

provided in a previous fiscal year; 20

(3) determine the proportion that— 21

(A) the obligation limitation for Federal- 22

aid highways, less the aggregate of amounts not 23

distributed under paragraphs (1) and (2) of 24

this subsection; bears to 25


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(B) the total of the sums authorized to be 1

appropriated for the Federal-aid highway and 2

highway safety construction programs (other 3

than sums authorized to be appropriated for 4

provisions of law described in paragraphs (1) 5

through (11) of subsection (b) and sums au-6

thorized to be appropriated for section 119 of 7

title 23, United States Code, equal to the 8

amount referred to in subsection (b)(12) for 9

such fiscal year), less the aggregate of the 10

amounts not distributed under paragraphs (1) 11

and (2) of this subsection; 12

(4) distribute the obligation limitation for Fed-13

eral-aid highways, less the aggregate amounts not 14

distributed under paragraphs (1) and (2), for each 15

of the programs (other than programs to which 16

paragraph (1) applies) that are allocated by the Sec-17

retary under the Fixing America’s Surface Trans-18

portation Act and title 23, United States Code, or 19

apportioned by the Secretary under sections 202 or 20

204 of that title, by multiplying— 21

(A) the proportion determined under para-22

graph (3); by 23


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(B) the amounts authorized to be appro-1

priated for each such program for such fiscal 2

year; and 3

(5) distribute the obligation limitation for Fed-4

eral-aid highways, less the aggregate amounts not 5

distributed under paragraphs (1) and (2) and the 6

amounts distributed under paragraph (4), for Fed-7

eral-aid highway and highway safety construction 8

programs that are apportioned by the Secretary 9

under title 23, United States Code (other than the 10

amounts apportioned for the National Highway Per-11

formance Program in section 119 of title 23, United 12

States Code, that are exempt from the limitation 13

under subsection (b)(12) and the amounts appor-14

tioned under sections 202 and 204 of that title) in 15

the proportion that— 16

(A) amounts authorized to be appropriated 17

for the programs that are apportioned under 18

title 23, United States Code, to each State for 19

such fiscal year; bears to 20

(B) the total of the amounts authorized to 21

be appropriated for the programs that are ap-22

portioned under title 23, United States Code, to 23

all States for such fiscal year. 24


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(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 1

The obligation limitation for Federal-aid highways shall 2

not apply to obligations under or for— 3

(1) section 125 of title 23, United States Code; 4

(2) section 147 of the Surface Transportation 5

Assistance Act of 1978 (23 U.S.C. 144 note; 92 6

Stat. 2714); 7

(3) section 9 of the Federal-Aid Highway Act 8

of 1981 (95 Stat. 1701); 9

(4) subsections (b) and (j) of section 131 of the 10

Surface Transportation Assistance Act of 1982 (96 11

Stat. 2119); 12

(5) subsections (b) and (c) of section 149 of the 13

Surface Transportation and Uniform Relocation As-14

sistance Act of 1987 (101 Stat. 198); 15

(6) sections 1103 through 1108 of the Inter-16

modal Surface Transportation Efficiency Act of 17

1991 (105 Stat. 2027); 18

(7) section 157 of title 23, United States Code 19

(as in effect on June 8, 1998); 20


(as in effect for fiscal years 1998 through 2004, but 22

only in an amount equal to $639,000,000 for each 23

of those fiscal years); 24


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(9) Federal-aid highway programs for which ob-1

ligation authority was made available under the 2

Transportation Equity Act for the 21st Century 3

(112 Stat. 107) or subsequent Acts for multiple 4

years or to remain available until expended, but only 5

to the extent that the obligation authority has not 6

lapsed or been used; 7


(as in effect for fiscal years 2005 through 2012, but 9

only in an amount equal to $639,000,000 for each 10

of those fiscal years); 11

(11) section 1603 of SAFETEA–LU (23 12

U.S.C. 118 note; 119 Stat. 1248), to the extent that 13

funds obligated in accordance with that section were 14

not subject to a limitation on obligations at the time 15

at which the funds were initially made available for 16

obligation; and 17


(but, for each of fiscal years 2013 through 2020, 19

only in an amount equal to $639,000,000). 20

(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-21

THORITY.—Notwithstanding subsection (a), the Secretary 22

shall, after August 1 of such fiscal year— 23

(1) revise a distribution of the obligation limita-24

tion made available under subsection (a) if an 25


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amount distributed cannot be obligated during that 1

fiscal year; and 2

(2) redistribute sufficient amounts to those 3

States able to obligate amounts in addition to those 4

previously distributed during that fiscal year, giving 5

priority to those States having large unobligated bal-6

ances of funds apportioned under sections 144 (as in 7

effect on the day before the date of enactment of 8

Public Law 112–141) and 104 of title 23, United 9

States Code. 10

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 11

TRANSPORTATION RESEARCH PROGRAMS.— 12

(1) IN GENERAL.—Except as provided in para-13

graph (2), the obligation limitation for Federal-aid 14

highways shall apply to contract authority for trans-15

portation research programs carried out under— 16

(A) chapter 5 of title 23, United States 17

Code; and 18

(B) title VI of the Fixing America’s Sur-19

face Transportation Act. 20

(2) EXCEPTION.—Obligation authority made 21

available under paragraph (1) shall— 22

(A) remain available for a period of 4 fis-23

cal years; and 24


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(B) be in addition to the amount of any 1

limitation imposed on obligations for Federal- 2

aid highway and highway safety construction 3

programs for future fiscal years. 4

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED 5

FUNDS.— 6

(1) IN GENERAL.—Not later than 30 days after 7

the date of distribution of obligation limitation 8

under subsection (a), the Secretary shall distribute 9

to the States any funds (excluding funds authorized 10

for the program under section 202 of title 23, 11

United States Code) that— 12

(A) are authorized to be appropriated for 13

such fiscal year for Federal-aid highway pro-14

grams; and 15

(B) the Secretary determines will not be 16

allocated to the States (or will not be appor-17

tioned to the States under section 204 of title 18

23, United States Code), and will not be avail-19

able for obligation, for such fiscal year because 20

of the imposition of any obligation limitation for 21

such fiscal year. 22

(2) RATIO.—Funds shall be distributed under 23

paragraph (1) in the same proportion as the dis-24


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tribution of obligation authority under subsection 1

(a)(5). 2

(3) AVAILABILITY.—Funds distributed to each 3

State under paragraph (1) shall be available for any 4

purpose described in section 133(b) of title 23, 5

United States Code. 6

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-7

ceived by the Bureau of Transportation Statistics from the 8

sale of data products, for necessary expenses incurred pur-9

suant to chapter 63 of title 49, United States Code, may 10

be credited to the Federal-aid highways account for the 11

purpose of reimbursing the Bureau for such expenses: 12

Provided, That such funds shall be subject to the obliga-13

tion limitation for Federal-aid highway and highway safety 14

construction programs. 15

SEC. 122. Not less than 15 days prior to waiving, 16

under his or her statutory authority, any Buy America re-17

quirement for Federal-aid highways projects, the Sec-18

retary of Transportation shall make an informal public no-19

tice and comment opportunity on the intent to issue such 20

waiver and the reasons therefor: Provided, That the Sec-21

retary shall provide an annual report to the House and 22

Senate Committees on Appropriations on any waivers 23

granted under the Buy America requirements. 24


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SEC. 123. None of the funds provided in this Act to 1

the Department of Transportation may be used to provide 2

credit assistance unless not less than 3 days before any 3

application approval to provide credit assistance under 4

sections 603 and 604 of title 23, United States Code, the 5

Secretary of Transportation provides notification in writ-6

ing to the following committees: the House and Senate 7

Committees on Appropriations; the Committee on Envi-8

ronment and Public Works and the Committee on Bank-9

ing, Housing and Urban Affairs of the Senate; and the 10

Committee on Transportation and Infrastructure of the 11

House of Representatives: Provided, That such notifica-12

tion shall include, but not be limited to, the name of the 13

project sponsor; a description of the project; whether cred-14

it assistance will be provided as a direct loan, loan guar-15

antee, or line of credit; and the amount of credit assist-16

ance. 17

SEC. 124. None of the funds in this Act may be used 18

to make a grant for a project under section 117 of title 19

23, United States Code, unless the Secretary, at least 60 20

days before making a grant under that section, provides 21

written notification to the House and Senate Committees 22

on Appropriations of the proposed grant, including an 23

evaluation and justification for the project and the amount 24

of the proposed grant award: Provided, That the written 25


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notification required in the previous proviso shall be made 1

no later than 180 days after enactment of this Act. 2

SEC. 125. (a) A State or territory, as defined in sec-3

tion 165 of title 23, United States Code, may use for any 4

project eligible under section 133(b) of title 23 or section 5

165 of title 23 and located within the boundary of the 6

State or territory any earmarked amount, and any associ-7

ated obligation limitation: Provided, That the Department 8

of Transportation for the State or territory for which the 9

earmarked amount was originally designated or directed 10

notifies the Secretary of Transportation of its intent to 11

use its authority under this section and submits a quar-12

terly report to the Secretary identifying the projects to 13

which the funding would be applied. Notwithstanding the 14

original period of availability of funds to be obligated 15

under this section, such funds and associated obligation 16

limitation shall remain available for obligation for a period 17

of 3 fiscal years after the fiscal year in which the Sec-18

retary of Transportation is notified. The Federal share of 19

the cost of a project carried out with funds made available 20

under this section shall be the same as associated with 21

the earmark. 22

(b) In this section, the term ‘‘earmarked amount’’ 23

means— 24


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(1) congressionally directed spending, as de-1

fined in rule XLIV of the Standing Rules of the 2

Senate, identified in a prior law, report, or joint ex-3

planatory statement, which was authorized to be ap-4

propriated or appropriated more than 10 fiscal years 5

prior to the current fiscal year, and administered by 6

the Federal Highway Administration; or 7

(2) a congressional earmark, as defined in rule 8

XXI of the Rules of the House of Representatives, 9

identified in a prior law, report, or joint explanatory 10

statement, which was authorized to be appropriated 11

or appropriated more than 10 fiscal years prior to 12

the current fiscal year, and administered by the Fed-13

eral Highway Administration. 14

(c) The authority under subsection (a) may be exer-15

cised only for those projects or activities that have obli-16

gated less than 10 percent of the amount made available 17

for obligation as of October 1 of the current fiscal year, 18

and shall be applied to projects within the same general 19

geographic area within 5 miles for which the funding was 20

designated, except that a State or territory may apply 21

such authority to unexpended balances of funds from 22

projects or activities the State or territory certifies have 23

been closed and for which payments have been made under 24

a final voucher. 25


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(d) The Secretary shall submit consolidated reports 1

of the information provided by the States and territories 2

each quarter to the House and Senate Committees on Ap-3

propriations. 4

SEC. 126. The following are repealed: 5

(1) Section 352 of the National Highway Sys-6

tem Designation Act of 1995 (Public Law 104–59, 7

109 Stat. 568). 8

(2) Section 324 of the Department of Trans-9

portation and Related Agencies Appropriations Act, 10

1986 (Public Law 99–190; 99 Stat. 1288). 11

(3) Section 325 of the Department of Trans-12

portation and Related Agencies Appropriations Act, 13

1996 (Public Law 104–50; 109 Stat. 456). 14

Notwithstanding any other provision of law, tolls collected 15

for motor vehicles on any bridge connecting the boroughs 16

of Brooklyn, New York, and Staten Island, New York, 17

shall be collected for any such vehicles exiting from such 18

bridge in both Staten Island and Brooklyn. 19

SEC. 127. Section 125(d) of title 23, United States 20

Code, is amended by striking paragraph (4). 21

SEC. 128. Until final guidance is published, the Ad-22

ministrator of the Federal Highway Administration shall 23

make determinations on Buy America waivers for those 24

waivers that were submitted before April 17, 2018, as if 25


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the notice of proposed rulemaking of that date was not 1

in effect. 2

SEC. 129. Section 1948 of SAFETEA-LU (Public 3

Law 109–59; 119 Stat. 1514) is repealed. 4

SEC. 129A. Section 119(e)(5) of title 23, United 5

States Code, is amended to read as follows: 6

‘‘(5) REQUIREMENT FOR PLAN.— 7

‘‘(A) IN GENERAL.—Notwithstanding sec-8

tion 120, beginning on October 1, 2019, and 9

each fiscal year thereafter, if the Secretary de-10

termines that a State has not developed and im-11

plemented a State asset management plan con-12

sistent with this section, the Federal share pay-13

able on account of any project or activity for 14

which funds are obligated by the State in that 15

fiscal year under this section shall be 65 per-16

cent. 17

‘‘(B) DETERMINATION.—The Secretary 18

shall make the determination under subpara-19

graph (A) not later than the day before the be-20

ginning of each fiscal year.’’. 21


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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 1

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 2




For payment of obligations incurred in the implemen-6

tation, execution and administration of motor carrier safe-7

ty operations and programs pursuant to section 31110 of 8

title 49, United States Code, as amended by the Fixing 9

America’s Surface Transportation Act, $288,000,000, to 10

be derived from the Highway Trust Fund (other than the 11

Mass Transit Account), together with advances and reim-12

bursements received by the Federal Motor Carrier Safety 13

Administration, the sum of which shall remain available 14

until expended: Provided, That funds available for imple-15

mentation, execution, or administration of motor carrier 16

safety operations and programs authorized under title 49, 17

United States Code, shall not exceed total obligations of 18

$288,000,000 for ‘‘Motor Carrier Safety Operations and 19

Programs’’ for fiscal year 2020, of which $9,073,000 to 20

remain available for obligation until September 30, 2022, 21

is for the research and technology program. 22


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MOTOR CARRIER SAFETY GRANTS 1





For payment of obligations incurred in carrying out 6

sections 31102, 31103, 31104, and 31313 of title 49, 7

United States Code, as amended by the Fixing America’s 8

Surface Transportation Act, $388,800,000, to be derived 9

from the Highway Trust Fund (other than the Mass Tran-10

sit Account) and to remain available until expended: Pro-11

vided, That funds available for the implementation or exe-12

cution of motor carrier safety programs shall not exceed 13

total obligations of $388,800,000 in fiscal year 2020 for 14

‘‘Motor Carrier Safety Grants’’: Provided further, That of 15

the sums appropriated under this heading: 16

(1) $308,700,000 shall be available for the 17

motor carrier safety assistance program; 18

(2) $33,200,000 shall be available for the com-19

mercial driver’s license program implementation pro-20

gram; 21

(3) $44,900,000 shall be available for the high 22

priority activities program; and 23

(4) $2,000,000 shall be made available for com-24

mercial motor vehicle operators grants, of which 25


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$1,000,000 is to be made available from prior year 1

unobligated contract authority provided for Motor 2

Carrier Safety grants in the Transportation Equity 3

Act for the 21st Century (Public Law 105–178), 4

SAFETEA–LU (Public Law 109–59), or other ap-5

propriations or authorization Acts. 6

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR 7

CARRIER SAFETY ADMINISTRATION 8

SEC. 130. The Federal Motor Carrier Safety Admin-9

istration shall send notice of 49 C.F.R. section 385.308 10

violations by certified mail, registered mail, or another 11

manner of delivery, which records the receipt of the notice 12

by the persons responsible for the violations. 13

SEC. 131. None of the funds appropriated or other-14

wise made available to the Department of Transportation 15

by this Act or any other Act may be obligated or expended 16

to implement, administer, or enforce the requirements of 17

section 31137 of title 49, United States Code, or any regu-18

lation issued by the Secretary pursuant to such section, 19

with respect to the use of electronic logging devices by op-20

erators of commercial motor vehicles, as defined in section 21

31132(1) of such title, transporting livestock as defined 22

in section 602 of the Emergency Livestock Feed Assist-23

ance Act of 1988 (7 U.S.C. 1471) or insects. 24


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SEC. 132. The Federal Motor Carrier Safety Admin-1

istration shall update annual inspection regulations under 2

Appendix G to subchapter B of chapter III of title 49, 3

Code of Federal Regulations, to require that rear 4

underride guards be inspected annually. 5

SEC. 133. No funds made available by this or any 6

other Act may be obligated or expended under the author-7

ity in 49 U.S.C. 31141(c) to review and issue a decision 8

on a petition to preempt State meal and rest break laws 9

that may differ from those in 49 C.F.R. 395. 10

SEC. 134. Notwithstanding any restriction under part 11

II of subtitle B of title V of the FAST Act, not later than 12

6 months after enactment of this Act, the Administrator 13

of the Federal Motor Carrier Safety Administration shall 14

make available on a public website information regarding 15

analysis of violations developed under the agency’s Com-16

pliance, Safety, Accountability program, consistent with 17

the data that the agency made publicly available imme-18

diately before December 4, 2015. 19


Act may be used to promulgate or enforce a rule that 21

eliminates the 30 minute rest break specified in part 395 22

of title 49, Code of Federal Regulations, as it was in oper-23

ational effect on May 15, 2019. 24


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NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 1

OPERATIONS AND RESEARCH 2

For expenses necessary to discharge the functions of 3

the Secretary, with respect to traffic and highway safety 4

authorized under chapter 301 and part C of subtitle VI 5

of title 49, United States Code, $214,073,440, to remain 6

available until September 30, 2021, except that 7

$40,000,000 shall remain available through September 8

30, 2022, and no less than $18,500,000 shall be for re-9

search on Automated Driving Systems, Advanced Driver 10

Assistance Systems, and vehicle electronics and cybersecu-11

rity. 12

OPERATIONS AND RESEARCH 13





the provisions of 23 U.S.C. 403, including behavioral re-18

search on Automated Driving Systems and Advanced 19

Driver Assistance Systems and improving consumer re-20

sponses to safety recalls, section 4011 of the Fixing Amer-21

ica’s Surface Transportation Act (Public Law 114–94), 22

and chapter 303 of title 49, United States Code, 23

$155,300,000, to be derived from the Highway Trust 24

Fund (other than the Mass Transit Account) and to re-25


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main available until expended: Provided, That none of the 1

funds in this Act shall be available for the planning or 2

execution of programs the total obligations for which, in 3

fiscal year 2020, are in excess of $155,300,000: Provided 4

further, That of the sums appropriated under this heading: 5

(1) $149,800,000 shall be for programs author-6

ized under 23 U.S.C. 403, including behavioral re-7

search on Automated Driving Systems and Ad-8

vanced Driver Assistance Systems and improving 9

consumer responses to safety recalls, and section 10

4011 of the Fixing America’s Surface Transpor-11

tation Act (Public Law 114–94); and 12

(2) $5,500,000 shall be for the National Driver 13

Register authorized under chapter 303 of title 49, 14

United States Code: 15

Provided further, That within the $155,300,000 obligation 16

limitation for operations and research, $20,000,000 shall 17

remain available until September 30, 2021, and shall be 18

in addition to the amount of any limitation imposed on 19

obligations for future years. 20


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HIGHWAY TRAFFIC SAFETY GRANTS 1





provisions of 23 U.S.C. 402, 404, and 405, and section 6

4001(a)(6) of the Fixing America’s Surface Transpor-7

tation Act, to remain available until expended, 8

$623,017,000, to be derived from the Highway Trust 9

Fund (other than the Mass Transit Account): Provided, 10

That none of the funds in this Act shall be available for 11

the planning or execution of programs for which the total 12

obligations in fiscal year 2020 are in excess of 13

$623,017,000 for programs authorized under 23 U.S.C. 14

402, 404, and 405, and section 4001(a)(6) of the Fixing 15

America’s Surface Transportation Act: Provided further, 16

That of the sums appropriated under this heading: 17

(1) $279,800,000 shall be for ‘‘Highway Safety 18

Programs’’ under 23 U.S.C. 402; 19

(2) $285,900,000 shall be for ‘‘National Pri-20

ority Safety Programs’’ under 23 U.S.C. 405; 21

(3) $30,500,000 shall be for the ‘‘High Visi-22

bility Enforcement Program’’ under 23 U.S.C. 404; 23

and 24


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(4) $26,817,000 shall be for ‘‘Administrative 1

Expenses’’ under section 4001(a)(6) of the Fixing 2

America’s Surface Transportation Act: 3

Provided further, That none of these funds shall be used 4

for construction, rehabilitation, or remodeling costs, or for 5

office furnishings and fixtures for State, local or private 6

buildings or structures: Provided further, That not to ex-7

ceed $500,000 of the funds made available for ‘‘National 8

Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im-9

paired Driving Countermeasures’’ (as described in sub-10

section (d) of that section) shall be available for technical 11

assistance to the States: Provided further, That with re-12

spect to the ‘‘Transfers’’ provision under 23 U.S.C. 13

405(a)(8), any amounts transferred to increase the 14

amounts made available under section 402 shall include 15

the obligation authority for such amounts: Provided fur-16

ther, That the Administrator shall notify the House and 17

Senate Committees on Appropriations of any exercise of 18

the authority granted under the previous proviso or under 19

23 U.S.C. 405(a)(8) within 5 days. 20

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 21

TRAFFIC SAFETY ADMINISTRATION 22

SEC. 140. An additional $130,000 shall be made 23

available to the National Highway Traffic Safety Adminis-24

tration, out of the amount limited for section 402 of title 25


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23, United States Code, to pay for travel and related ex-1

penses for State management reviews and to pay for core 2

competency development training and related expenses for 3

highway safety staff. 4

SEC. 141. The limitations on obligations for the pro-5

grams of the National Highway Traffic Safety Adminis-6

tration set in this Act shall not apply to obligations for 7

which obligation authority was made available in previous 8

public laws but only to the extent that the obligation au-9

thority has not lapsed or been used. 10

SEC. 142. None of the funds made available by this 11

Act may be used to mandate global positioning system 12

(GPS) tracking in private passenger motor vehicles with-13

out providing full and appropriate consideration of privacy 14

concerns under 5 U.S.C. chapter 5, subchapter II. 15

SEC. 143. In addition to the amounts made available 16

under the heading, ‘‘Operations and Research (Liquida-17

tion of Contract Authorization) (Limitation on Obliga-18

tions) (Highway Trust Fund)’’ for carrying out the provi-19

sions of section 403 of title 23, United States Code, 20

$17,000,000, to remain available until September 30, 21

2021, shall be made available to the National Highway 22

Traffic Safety Administration from the general fund: Pro-23

vided, That of the sums provided under this provision— 24


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(a) not to exceed $7,000,000 shall be available to pro-1

vide funding for grants, pilot program activities, and inno-2

vative solutions to reduce impaired-driving fatalities in col-3

laboration with eligible entities under section 403 of title 4

23, United States Code; and 5

(b) not to exceed $10,000,000 shall be available to 6

continue a high visibility enforcement paid-media cam-7

paign regarding highway-rail grade crossing safety in col-8

laboration with the Federal Railroad Administration. 9

SEC. 144. An additional $500,000 shall be made 10

available to the National Highway Traffic Safety Adminis-11

tration for a study to identify and examine child-specific 12

safety considerations in vehicles equipped with Automated 13

Driving Systems, particularly those that can be operated 14

bi-directionally and offer unconventional seating. The 15

study should also incorporate safety considerations for 16

child restraint system (CRS) installation and promoting 17

CRS usage for ride-share programs, and the risks associ-18

ated with unattended child passengers in Automated Driv-19

ing Systems-equipped vehicles. Upon completion of this 20

study, the National Highway Traffic Safety Administra-21

tion shall submit to the House and Senate Committees 22

on Appropriations a report containing its findings, includ-23

ing detailing how the agency is coordinating with manu-24


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facturers to ensure children are protected in vehicles 1

equipped with Automated Driving Systems. 2


wise made available in this Act or any other Act may be 4

used to finalize or enforce a proposed rule published by 5

the National Highway Traffic Safety Administration and 6

the Environmental Protection Agency on August 2, 2018, 7

entitled ‘‘The Safer Affordable Fuel-Efficient Vehicles 8

Rule’’ or any other successor rule. 9

SEC. 146. None of the funds in this Act or any other 10

Act shall be used to enforce the requirements of 23 U.S.C. 11

405(a)(9). 12

FEDERAL RAILROAD ADMINISTRATION 13

SAFETY AND OPERATIONS 14

For necessary expenses of the Federal Railroad Ad-15

ministration, not otherwise provided for, $226,698,000, of 16

which $20,000,000 shall remain available until expended. 17

RAILROAD RESEARCH AND DEVELOPMENT 18

For necessary expenses for railroad research and de-19

velopment, $41,600,000, to remain available until ex-20

pended. 21

RAILROAD REHABILITATION AND IMPROVEMENT 22

FINANCING PROGRAM 23

The Secretary of Transportation is authorized to 24

issue direct loans and loan guarantees pursuant to sec-25


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tions 501 through 504 of the Railroad Revitalization and 1

Regulatory Reform Act of 1976 (Public Law 94–210), as 2

amended, such authority shall exist as long as any such 3

direct loan or loan guarantee is outstanding. 4

FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 5

REPAIR 6

For necessary expenses related to Federal-State 7

Partnership for State of Good Repair Grants as author-8

ized by section 24911 of title 49, United States Code, 9

$350,000,000, to remain available until expended: Pro-10

vided, That the Secretary may withhold up to one percent 11

of the amount provided under this heading for the costs 12

of award and project management oversight of grants car-13

ried out under section 24911 of title 49, United States 14

Code: Provided further, That the Secretary shall issue the 15

Notice of Funding Opportunity for funds provided under 16

this heading consistent with section 24911 of title 49, 17

United States Code, no later than 30 days after enactment 18

of this Act: Provided further, That the Secretary shall re-19

view all applications received in response to the Notice of 20

Funding Opportunity required in the previous proviso: 21

Provided further, That the Secretary shall announce the 22

selection of projects to receive awards for the funds de-23

scribed in the previous two provisos no later than 180 days 24

after enactment of this Act. 25


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CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 1

IMPROVEMENTS 2

For necessary expenses related to Consolidated Rail 3

Infrastructure and Safety Improvements Grants, as au-4

thorized by section 22907 of title 49, United States Code, 5

$350,000,000, to remain available until expended: Pro-6

vided, That of the sums appropriated under this head-7

ing— 8

(1) $40,000,000 shall be available for projects 9

eligible under section 22907(c)(5) of title 49, United 10

States Code, for projects for commuter authorities, 11

as defined as section 24102(2) of title 49, United 12

States Code, that experienced at least one accident 13

investigated by the National Transportation Safety 14

Board between January 1, 2008, and December 31, 15

2018; and 16


eligible under section 22907(c)(2) of title 49, United 18

States Code, that require the acquisition of rights- 19

of-way, track, or track structure to support the de-20

velopment of new intercity passenger rail service 21

routes: 22

Provided further, That section 22905(f) of title 49, United 23

States Code, shall not apply to projects for commuter au-24

thorities in the first proviso: Provided further, That section 25


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22905(f) of title 49, United States Code, shall not apply 1

to projects for the implementation of positive train control 2

systems otherwise eligible under section 22907(c)(1) of 3

title 49, United States Code: Provided further, That 4

amounts available under this heading for projects selected 5

for commuter rail passenger transportation may be trans-6

ferred by the Secretary, after selection, to the appropriate 7

agencies to be administered in accordance with chapter 53 8

of title 49, United States Code: Provided further, That for 9

amounts available under this heading eligible recipients 10

under section 22907(b) of title 49, United States Code, 11

shall include any non-profit association representing Class 12

II railroads and Class III railroads (as those terms are 13

defined in section 20102 of title 49, United States Code) 14

and any holding company of a Class II railroad or Class 15

III railroad (as those terms are defined in section 20102 16

of title 49, United States Code): Provided further, That 17

the Secretary shall not limit eligible projects from consid-18

eration for funding for planning, engineering, environ-19

mental, construction, and design elements of the same 20

project in the same application: Provided further, That un-21

obligated balances remaining after 4 years from the date 22

of enactment may be used for any eligible project under 23

section 22907(c) of title 49, United States Code: Provided 24

further, That the Secretary may withhold up to one per-25


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cent of the amount provided under this heading for the 1

costs of award and project management oversight of 2

grants carried out under section 22907 of title 49, United 3

States Code: Provided further, That the Secretary shall 4

issue the Notice of Funding Opportunity for funds pro-5

vided under this heading no later than 30 days after en-6

actment of this Act: Provided further, That such Notice 7

of Funding Opportunity shall require application submis-8

sions 60 days after the publishing of such Notice: Provided 9

further, That the Secretary shall announce the selection 10

of projects to receive awards for the funds in the previous 11

two provisos no later than 180 days after enactment of 12

this Act. 13

MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT 14

PROGRAM 15

For necessary expenses related to the deployment of 16

magnetic levitation transportation projects, consistent 17

with language in 1307(a) through (c) of Public Law 109– 18

59, as amended by section 102 of Public Law 110–244 19

(section 322 of title 23, United States Code), 20

$10,000,000, to remain available until expended. 21

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL 22

RAILROAD PASSENGER CORPORATION 23

To enable the Secretary of Transportation to make 24

grants to the National Railroad Passenger Corporation for 25


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activities associated with the Northeast Corridor as au-1

thorized by section 11101(a) of the Fixing America’s Sur-2

face Transportation Act (division A of Public Law 114– 3

94), $700,000,000, to remain available until expended: 4

Provided, That the Secretary may retain up to one-half 5

of 1 percent of the funds provided under both this heading 6

and the ‘‘National Network Grants to the National Rail-7

road Passenger Corporation’’ heading to fund the costs 8

of project management and oversight of activities author-9

ized by section 11101(c) of division A of Public Law 114– 10

94: Provided further, That in addition to the project man-11

agement oversight funds authorized under section 12

11101(c) of division A of Public Law 114–94, the Sec-13

retary may retain up to an additional $5,000,000 of the 14

funds provided under this heading to fund expenses associ-15

ated with the Northeast Corridor Commission established 16

under section 24905 of title 49, United States Code: Pro-17

vided further, That of the amounts made available under 18

this heading and the ‘‘National Network Grants to the Na-19

tional Railroad Passenger Corporation’’ heading, not less 20

than $50,000,000 shall be made available to bring Am-21

trak-served facilities and stations into compliance with the 22

Americans with Disabilities Act. 23


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NATIONAL NETWORK GRANTS TO THE NATIONAL 1

RAILROAD PASSENGER CORPORATION 2

To enable the Secretary of Transportation to make 3

grants to the National Railroad Passenger Corporation for 4

activities associated with the National Network as author-5

ized by section 11101(b) of the Fixing America’s Surface 6

Transportation Act (division A of Public Law 114–94), 7

$1,291,600,000, to remain available until expended: Pro-8

vided, That the Secretary may retain up to an additional 9

$2,000,000 of the funds provided under this heading to 10

fund expenses associated with the State-Supported Route 11

Committee established under section 24712 of title 49, 12

United States Code. 13

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD 14

ADMINISTRATION 15

SEC. 150. None of the funds provided to the National 16

Railroad Passenger Corporation may be used to fund any 17

overtime costs in excess of $35,000 for any individual em-18

ployee: Provided, That the President of Amtrak may waive 19

the cap set in the previous proviso for specific employees 20

when the President of Amtrak determines such a cap 21

poses a risk to the safety and operational efficiency of the 22

system: Provided further, That the President of Amtrak 23

shall report to the House and Senate Committees on Ap-24

propriations within 60 days of enactment of this Act, a 25


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summary of all overtime payments incurred by the Cor-1

poration for 2019 and the three prior calendar years: Pro-2

vided further, That such summary shall include the total 3

number of employees that received waivers and the total 4

overtime payments the Corporation paid to those employ-5

ees receiving waivers for each month for 2019 and for the 6

three prior calendar years. 7

SEC. 151. None of the funds provided to the National 8

Railroad Passenger Corporation under the headings 9

‘‘Northeast Corridor Grants to the National Railroad Pas-10

senger Corporation’’ and ‘‘National Network Grants to the 11

National Railroad Passenger Corporation’’ may be used 12

to reduce the size of the Amtrak Police Department below 13

the staffing level on May 1, 2019. 14

FEDERAL TRANSIT ADMINISTRATION 15

ADMINISTRATIVE EXPENSES 16

For necessary administrative expenses of the Federal 17

Transit Administration’s programs authorized by chapter 18

53 of title 49, United States Code, $117,000,000, of which 19

$15,000,000 shall remain available until September 30, 20

2021, and up to $1,000,000 shall be available to carry 21

out the provisions of section 5326 of such title: Provided, 22

That upon submission to the Congress of the fiscal year 23

2021 President’s budget, the Secretary of Transportation 24

shall transmit to Congress the annual report on Capital 25


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Investment Grants, including proposed allocations for fis-1

cal year 2021. 2

TRANSIT FORMULA GRANTS 3




For payment of obligations incurred in the Federal 7

Public Transportation Assistance Program in this ac-8

count, and for payment of obligations incurred in carrying 9

out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 10

5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 11

5340, as amended by the Fixing America’s Surface Trans-12

portation Act, section 20005(b) of Public Law 112–141, 13

and section 3006(b) of the Fixing America’s Surface 14

Transportation Act, $10,800,000,000, to be derived from 15

the Mass Transit Account of the Highway Trust Fund 16

and to remain available until expended: Provided, That 17

funds available for the implementation or execution of pro-18

grams authorized under 49 U.S.C. 5305, 5307, 5310, 19

5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 20

and 5340, as amended by the Fixing America’s Surface 21

Transportation Act, section 20005(b) of Public Law 112– 22

141, and section 3006(b) of the Fixing America’s Surface 23

Transportation Act, shall not exceed total obligations of 24

$10,150,348,462 in fiscal year 2020: Provided further, 25


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That the Federal share of the cost of activities carried 1

out under 49 U.S.C. section 5312 shall not exceed 80 per-2

cent, except that if there is substantial public interest or 3

benefit, the Secretary may approve a greater Federal 4

share: Provided further, That in addition to the amounts 5

appropriated for purposes of 49 U.S.C 5338(e), not less 6

than 2 percent of the funds appropriated or available for 7

the purposes of 49 U.S.C 5338(f) shall be available for 8

the purposes of 49 U.S.C. 5338(e). 9

TRANSIT INFRASTRUCTURE GRANTS 10

For an additional amount for buses and bus facilities 11

grants under section 5339 of title 49, United States Code, 12

state of good repair grants under section 5337 of such 13

title, the bus testing facilities under sections 5312 and 14

5318 of such title, and for grants to areas of persistent 15

poverty, $750,000,000, to remain available until ex-16

pended: Provided, That of the sums provided under this 17

heading: 18


buses and bus facilities competitive grants as au-20

thorized under section 5339(b) of such title: Pro-21

vided further, That the minimum grant award shall 22

be not less than $1,000,000; 23

(2) $94,000,000 shall be available for the low 24

or no emission grants as authorized under section 25


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5339(c) of such title; Provided further, That the 1

minimum grant award shall be not less than 2

$1,500,000; 3


state of good repair grants as authorized under sec-5

tion 5337 of such title; 6

(4) $1,000,000 shall be available for the bus 7

testing facility as authorized under section 5318 of 8

such title; 9

(5) Notwithstanding section 5318(a) of such 10

title, $6,000,000 shall be available for the operation 11

and maintenance of bus testing facilities by institu-12

tions of higher education selected pursuant to sec-13

tion 5312(h); and 14

(6) $10,000,000 shall be available for competi-15

tive grants to eligible entities to assist areas of per-16

sistent poverty: 17

Provided further, That the Secretary shall enter into a 18

contract or cooperative agreement with, or make a grant 19

to, each institution of higher education selected pursuant 20

to section 5312(h) of such title, to operate and maintain 21

a facility to conduct the testing of low or no emission vehi-22

cle new bus models using the standards established pursu-23

ant to section 5318(e)(2) of such title: Provided further, 24

That the term ‘‘low or no emission vehicle’’ has the mean-25


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ing given the term in section 5312(e)(6) of such title: Pro-1

vided further, That the Secretary shall pay 80 percent of 2

the cost of testing a low or no emission vehicle new bus 3

model at each selected institution of higher education: Pro-4

vided further, That the entity having the vehicle tested 5

shall pay 20 percent of the cost of testing: Provided fur-6

ther, That a low or no emission vehicle new bus model 7

tested that receives a passing aggregate test score in ac-8

cordance with the standards established under section 9

5318(e)(2) of such title, shall be deemed to be in compli-10

ance with the requirements of section 5318(e) of such 11

title: Provided further, That areas of persistent poverty 12

means any county that has consistently had 20 percent 13

or more of the population living in poverty over the 30 14

years preceding the date of enactment of this Act, as 15

measured by the 1990 and 2000 decennial census and the 16

most recent Small Area Income and Poverty Estimates, 17

or any census tract with a poverty rate of at least 20 per-18

cent as measured by the 2013-2017 five-year data series 19

available from the American Community Survey of the 20

Census Bureau: Provided further, That grants shall be for 21

planning, engineering, or development of technical, or fi-22

nancing plans for projects eligible under chapter 53 of title 23

49, United States Code: Provided further, That eligible en-24

tities are those defined as eligible recipients or subrecipi-25


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ents under sections 5307, 5310 or 5311 of title 49 United 1

States Code, and are in areas of persistent poverty: Pro-2

vided further, That the Federal Transit Administration 3

should complete outreach to such counties and the Depart-4

ments of Transportation within applicable States via per-5

sonal contact, webinars, web materials and other appro-6

priate methods determined by the Administrator: Provided 7

further, That State departments of transportation may 8

apply on behalf of eligible entities within their States: Pro-9

vided further, That the Federal Transit Administration 10

should encourage grantees to work with non-profits or 11

other entities of their choosing in order to develop plan-12

ning, technical, engineering, or financing plans: Provided 13

further, That the Federal Transit Administration should 14

encourage grantees to partner with non-profits that can 15

assist with making projects low or no emissions: Provided 16

further, That projects funded as a result of activities fund-17

ed under this heading shall be for not less than 90 percent 18

of the net total project cost: Provided further, That 19

amounts made available by this heading shall be derived 20

from the general fund: Provided further, That the amounts 21

made available under this heading shall not be subject to 22

any limitation on obligations for transit programs set forth 23

in any Act. 24


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TECHNICAL ASSISTANCE AND TRAINING 1

For necessary expenses to carry out 49 U.S.C. 5314, 2

$5,000,000, to remain available until September 30, 2021, 3

of which not less than $2,500,000 shall be for a coopera-4

tive agreement through which the Federal Transit Admin-5

istration assists transit recipients with frontline workforce 6

development and standards based training in maintenance 7

and operations through an agreement with a national non-8

profit organization with a demonstrated capacity to de-9

velop and provide such programs though labor manage-10

ment partnerships and apprenticeships: Provided, That 11

the assistance provided under this heading does not dupli-12

cate the activities of 49 U.S.C. 5311(b) or 49 U.S.C. 13

5312. 14

CAPITAL INVESTMENT GRANTS 15

For necessary expenses to carry out fixed guideway 16

capital investment grants under section 5309 of title 49, 17

United States Code, and section 3005(b) of the Fixing 18

America’s Surface Transportation Act, $2,301,785,760, to 19

remain available until September 30, 2024: Provided, 20

That of the amounts made available under this heading, 21

$1,841,428,608 shall be obligated by December 31, 2021, 22

but shall remain available until September 30, 2024, as 23

specified under this heading: Provided further, That of the 24

amounts made available under this heading: 25


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(1) $795,290,221 shall be available for fixed 1

guideway projects that have executed full funding 2

grant agreements, authorized under subsection (d) 3

of section 5309; 4

(2) $702,709,779 shall be available for new 5

projects authorized under 5309(d) of title 49, 6

United States Code; 7


authorized under section 5309(e) of title 49, United 9

States Code; 10


authorized under section 5309(h) of title 49, United 12

States Code; and 13


authorized under section 3005(b) of the Fixing 15

America’s Surface Transportation Act: 16

Provided further, That the Secretary shall continue to ad-17

minister the capital investment grants program in accord-18

ance with the procedural and substantive requirements of 19

section 5309 of title 49, United States Code, and to ad-20

minister the Expedited Delivery Pilot Program with the 21

procedural and substantive requirements of section 22

3005(b) of the Fixing America’s Surface Transportation 23

Act: Provided further, That any funds remaining from the 24

$1,841,428,608 that are required to be obligated by the 25


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first proviso under this heading and that remain available 1

on December 31, 2021 shall be reallocated to applicants 2

with projects in Engineering on that date, as defined by 3

49 U.S.C. 5309(d)(2) and (e)(2) for activities eligible 4

under 49 U.S.C. 5309(b), and upon reallocation shall be 5

available for immediate obligation: Provided further, That 6

each applicant’s share of such funds shall be distributed 7

to the projects in Engineering based on the individual 8

project’s requested Capital Investment Grant amount as 9

a percentage of the total Capital Investment Grant funds 10

requested by the group of projects in Engineering under 11

subsections (d)(2) and (e)(2) of 49 United States Code 12

5309 on December 31, 2021: Provided further, That not 13

later than 90 days after enactment of this Act, the Federal 14

Transit Administration shall provide the House and Sen-15

ate Committees on Appropriations a list of projects to 16

which the agency expects to award a full-funding grant 17

agreement in fiscal year 2020, and upon submission of the 18

fiscal year 2021 budget, the Federal Transit Administra-19

tion shall provide such information for 2021. 20

GRANTS TO THE WASHINGTON METROPOLITAN AREA 21

TRANSIT AUTHORITY 22

For grants to the Washington Metropolitan Area 23

Transit Authority as authorized under section 601 of divi-24

sion B of Public Law 110–432, $150,000,000, to remain 25


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available until expended: Provided, That the Secretary of 1

Transportation shall approve grants for capital and pre-2

ventive maintenance expenditures for the Washington 3

Metropolitan Area Transit Authority only after receiving 4

and reviewing a request for each specific project: Provided 5

further, That prior to approving such grants, the Secretary 6

shall certify that the Washington Metropolitan Area Tran-7

sit Authority is making progress to improve its safety 8

management system in response to the Federal Transit 9

Administration’s 2015 safety management inspection: 10

Provided further, That the Secretary shall determine that 11

the Washington Metropolitan Area Transit Authority has 12

placed the highest priority on those investments that will 13

improve the safety of the system before approving such 14

grants: Provided further, That the Secretary, in order to 15

ensure safety throughout the rail system, may waive the 16

requirements of section 601(e)(1) of division B of Public 17

Law 110–432. 18

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT 19

ADMINISTRATION 20

SEC. 160. The limitations on obligations for the pro-21

grams of the Federal Transit Administration shall not 22

apply to any authority under 49 U.S.C. 5338, previously 23

made available for obligation, or to any other authority 24

previously made available for obligation. 25


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law, funds appropriated or limited by this Act under the 2

heading ‘‘Fixed Guideway Capital Investment’’ of the Fed-3

eral Transit Administration for projects specified in this 4

Act or identified in reports accompanying this Act not ob-5

ligated by September 30, 2024, and other recoveries, shall 6

be directed to projects eligible to use the funds for the 7

purposes for which they were originally provided. 8


law, any funds appropriated before October 1, 2018, under 10

any section of chapter 53 of title 49, United States Code, 11

that remain available for expenditure, may be transferred 12

to and administered under the most recent appropriation 13

heading for any such section. 14

SEC. 163. In the first proviso under the title ‘‘Capital 15

Investment Grants’’ in the Consolidated Appropriations 16

Act of 2018, Public Law 115-141, strike, ‘‘December 31, 17

2019’’ and insert, ‘‘September 30, 2020’’. 18

SEC. 164. No funds in this or any other Act shall 19

be used: 20

(a) to adjust apportionments or withhold funds from 21

apportionments pursuant to 26 U.S.C. 9503(e)(4); 22

(b) to request or require any project to have a max-23

imum Capital Investment Grant contribution lower than 24

50 percent of the total project cost; 25


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(c) to determine a maximum Capital Investment 1

Grant contribution for projects defined under 49 U.S.C. 2

5309(a)(2) or 49 U.S.C. 5309 (a)(5) until at least 180 3

days after a project has entered into the Engineering 4

phase; and 5

(d) by the Federal Transit Administration when mak-6

ing a determination about whether a project sponsor’s cost 7

estimate is reasonable, to require a probability higher than 8

50 percent that a project can be completed within that 9

cost estimate: Provided, That this proviso only applies to 10

those applications that are in the ‘‘project development’’ 11

phase as defined under subsections (d)(1), (e)(1), or 12

(h)(2) of 49 U.S.C. 5309, or the ‘‘Engineering’’ phase as 13

defined under subsections (d)(2) or (e)(2) of 49 U.S.C. 14

5309 on the date of enactment of this Act. 15

SEC. 165. An eligible recipient of a grant under 16

5339(c) may submit an application in partnership with 17

other entities, including a transit vehicle manufacturer, 18

that intend to participate in the implementation of a 19

project under 5339(c) of title 49, United States Code and 20

a project awarded with such partnership shall be treated 21

as satisfying the requirement for a competitive procure-22

ment under Section 5325(a) of title 49, United States 23

Code, for the named entity. 24


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SAINT LAWRENCE SEAWAY DEVELOPMENT 1

CORPORATION 2

The Saint Lawrence Seaway Development Corpora-3

tion is hereby authorized to make such expenditures, with-4

in the limits of funds and borrowing authority available 5

to the Corporation, and in accord with law, and to make 6

such contracts and commitments without regard to fiscal 7

year limitations, as provided by section 104 of the Govern-8

ment Corporation Control Act, as amended, as may be 9

necessary in carrying out the programs set forth in the 10

Corporation’s budget for the current fiscal year. 11

OPERATIONS AND MAINTENANCE 12

(HARBOR MAINTENANCE TRUST FUND) 13

For necessary expenses to conduct the operations, 14

maintenance, and capital asset renewal activities on those 15

portions of the Saint Lawrence Seaway owned, operated, 16

and maintained by the Saint Lawrence Seaway Develop-17

ment Corporation, $40,000,000, to be derived from the 18

Harbor Maintenance Trust Fund, pursuant to Public Law 19

99–662: Provided, That of the amounts made available 20

under this heading, not less than $16,000,000 shall be 21

used on capital asset renewal activities. 22


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MARITIME ADMINISTRATION 1

MARITIME SECURITY PROGRAM 2

For necessary expenses to maintain and preserve a 3

U.S.-flag merchant fleet to serve the national security 4

needs of the United States, $300,000,000, to remain avail-5


OPERATIONS AND TRAINING 7


For necessary expenses of operations and training ac-9

tivities authorized by law, $154,442,000: Provided, That 10

of the sums appropriated under this heading — 11

(1) $77,944,000 shall remain available until 12

September 30, 2021 for the operations of the United 13

States Merchant Marine Academy; 14

(2) $5,225,000 shall remain available until ex-15

pended for the maintenance and repair, equipment, 16

and capital improvements at the United States Mer-17

chant Marine Academy; 18

(3) $3,000,000 shall remain available until Sep-19

tember 30, 2021 for the Maritime Environment and 20

Technology Assistance program authorized under 21

section 50307 of title 46, United States Code; and 22

(4) $15,000,000, shall remain available until 23

expended for the Short Sea Transportation Program 24

(America’s Marine Highways) to make grants for 25


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the purposes authorized under sections 55601(b)(1) 1

and (3) of title 46, United States Code: 2

Provided further, That not later than 120 days after enact-3

ment of this Act, the Administrator of the Maritime Ad-4

ministration shall transmit to the House and Senate Com-5

mittees on Appropriations the annual report on sexual as-6

sault and sexual harassment at the United States Mer-7

chant Marine Academy as required pursuant to section 8

3507 of Public Law 110–417: Provided further, That 9

available balances under this heading for the Short Sea 10

Transportation Program (America’s Marine Highways) 11

from prior year recoveries shall be available to carry out 12

activities authorized under sections 55601(b)(1) and (3) 13

of title 46, United States Code: Provided further, That 14

from funds provided under (3) and (4) of the first proviso, 15

the Secretary of Transportation shall make grants no later 16

than 180 days after enactment of this Act in such 17

amounts as the Secretary determines: Provided further, 18

That any unobligated balances available from previous ap-19

propriations for programs and activities supporting State 20

Maritime Academies shall be transferred to and merged 21

with the appropriations for ‘‘Maritime Administration, 22

State Maritime Academy Operations’’ and shall be made 23

available for the same purposes. 24


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STATE MARITIME ACADEMY OPERATIONS 1

For necessary expenses of operations, support and 2

training activities for State Maritime Academies, 3

$345,200,000: Provided, That of the sums appropriated 4

under this heading — 5

(1) $33,000,000, to remain available until ex-6

pended, shall be for maintenance, repair, life exten-7

sion, and capacity improvement of National Defense 8

Reserve Fleet training ships in support of State 9

Maritime Academies, of which up to $8,060,000, to 10

remain available until expended, shall be for ex-11

penses related to training mariners for costs associ-12

ated with training vessel sharing pursuant to 46 13

U.S.C. 51504(g)(3) for costs associated with mobi-14

lizing, operating and demobilizing the vessel, includ-15

ing travel costs for students, faculty and crew, the 16

costs of the general agent, crew costs, fuel, insur-17

ance, operational fees, and vessel hire costs, as de-18

termined by the Secretary; 19

(2) $300,000,000, to remain available until ex-20

pended, shall be for the National Security Multi-Mis-21

sion Vessel Program, including funds for construc-22

tion, planning, administration, and design of school 23

ships; 24


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(3) $2,400,000 shall remain available through 1

September 30, 2021, for the Student Incentive Pro-2

gram; 3

(4) $3,800,000 shall remain available until ex-4

pended for training ship fuel assistance; and 5

(5) $6,000,000 shall remain available until Sep-6

tember 30, 2021, for direct payments for State Mar-7

itime Academies. 8

ASSISTANCE TO SMALL SHIPYARDS 9

To make grants to qualified shipyards as authorized 10

under section 54101 of title 46, United States Code, as 11

amended by Public Law 113–281, $20,000,000, to remain 12

available until expended. 13

SHIP DISPOSAL 14

For necessary expenses related to the disposal of ob-15

solete vessels in the National Defense Reserve Fleet of the 16

Maritime Administration, $5,000,000, to remain available 17

until expended. 18

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 19

ACCOUNT 20


For administrative expenses to carry out the guaran-22

teed loan program, $3,000,000, which shall be transferred 23

to and merged with the appropriations for ‘‘Operations 24

and Training’’, Maritime Administration. 25


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PORT INFRASTRUCTURE DEVELOPMENT PROGRAM 1

To make grants to improve port facilities as author-2

ized under section 50302 of title 46, United States Code, 3

$225,000,000 to remain available until expended: Pro-4

vided, That projects eligible for funding provided under 5

this heading shall be projects for coastal seaports or Great 6

Lakes ports: Provided further, That the Maritime Admin-7

istration shall distribute funds provided under this head-8

ing as discretionary grants to port authorities or commis-9

sions or their subdivisions and agents under existing au-10

thority, as well as to a State or political subdivision of 11

a State or local government, a tribal government, a public 12

agency or publicly chartered authority established by one 13

or more States, a special purpose district with a transpor-14

tation function, a multistate or multijurisdictional group 15

of entities, or a lead entity described above jointly with 16

a private entity or group of private entities: Provided fur-17

ther, That projects eligible for funding provided under this 18

heading shall be either within the boundary of a port, or 19

outside the boundary of a port, and directly related to port 20

operations or to an intermodal connection to a port that 21

will improve the safety, efficiency, or reliability of the 22

movement of goods into, out of, around, or within a port, 23

as well as the unloading and loading of cargo at a port: 24

Provided further, That the Federal share of the costs for 25


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which an expenditure is made under this heading shall be 1

up to 80 percent: Provided further, That not to exceed 2 2

percent of the funds appropriated under this heading shall 3

be available for necessary costs of grant administration: 4

Provided further, That the proceeds of Federal credit as-5

sistance under chapter 6 of title 23, United States Code 6

or sections 501 through 504 of the Railroad and Revital-7

ization and Regulatory Reform Act of 1976 (Public Law 8

94–210), as amended, shall be considered to be part of 9

the non-Federal share of project costs if the loan is repay-10

able from non-Federal funds, unless otherwise requested 11

by the project sponsor: Provided further, That a grant 12

award made under this heading may not be used to pur-13

chase fully-automated cargo handling equipment or to oth-14

erwise facilitate fully-automated cargo handling: Provided 15

further, That for the purposes of the previous proviso, 16

fully-automated cargo handling means using equipment 17

that is remotely operated or remotely monitored with or 18

without the exercise of human intervention or control. 19

ADMINISTRATIVE PROVISIONS—MARITIME 20

ADMINISTRATION 21


this Act, in addition to any existing authority, the Mari-23

time Administration is authorized to furnish utilities and 24

services and make necessary repairs in connection with 25


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any lease, contract, or occupancy involving Government 1

property under control of the Maritime Administration: 2

Provided, That payments received therefor shall be cred-3

ited to the appropriation charged with the cost thereof and 4

shall remain available until expended: Provided further, 5

That rental payments under any such lease, contract, or 6

occupancy for items other than such utilities, services, or 7

repairs shall be covered into the Treasury as miscellaneous 8

receipts. 9

PIPELINE AND HAZARDOUS MATERIALS SAFETY 10

ADMINISTRATION 11

OPERATIONAL EXPENSES 12

For necessary operational expenses of the Pipeline 13

and Hazardous Materials Safety Administration, 14

$23,710,000, of which $1,500,000 shall remain available 15

until September 30, 2022: Provided, That the Secretary 16

of Transportation shall issue final rules as required under 17

section 5(f), section 21(c), and section 23(a) of the Pipe-18

line Safety, Regulatory Certainty, and Job Creation Act 19

of 2011 (Public Law 112–90) no later than 180 days after 20

enactment of this Act: Provided further, That no later 21

than 90 days after enactment of this Act, the Secretary 22

of Transportation shall initiate a rulemaking on automatic 23

and remote-controlled shut-off valves and hazardous liquid 24

pipeline facilities leak detection systems as required under 25


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section 4 and section 8 of the Pipeline Safety, Regulatory 1

Certainty, and Job Creation Act of 2011 (Public Law 2

112–90), respectively, and shall issue a final rule no later 3

than one year after enactment of this Act. 4

HAZARDOUS MATERIALS SAFETY 5

For expenses necessary to discharge the hazardous 6

materials safety functions of the Pipeline and Hazardous 7

Materials Safety Administration, $61,000,000, to remain 8

available until September 30, 2022: Provided, That up to 9

$800,000 in fees collected under 49 U.S.C. 5108(g) shall 10

be deposited in the general fund of the Treasury as offset-11

ting receipts: Provided further, That there may be credited 12

to this appropriation, to be available until expended, funds 13

received from States, counties, municipalities, other public 14

authorities, and private sources for expenses incurred for 15

training, for reports publication and dissemination, and 16

for travel expenses incurred in performance of hazardous 17

materials exemptions and approvals functions. 18

PIPELINE SAFETY 19

(PIPELINE SAFETY FUND) 20

(OIL SPILL LIABILITY TRUST FUND) 21

For expenses necessary to carry out a pipeline safety 22

program, as authorized by 49 U.S.C. 60107, and to dis-23

charge the pipeline program responsibilities of the Oil Pol-24

lution Act of 1990, $168,000,000, to remain available 25


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until September 30, 2022, of which $23,000,000 shall be 1

derived from the Oil Spill Liability Trust Fund; of which 2

$137,000,000 shall be derived from the Pipeline Safety 3

Fund; and of which $8,000,000 shall be derived from fees 4

collected under 49 U.S.C. 60302 and deposited in the Un-5

derground Natural Gas Storage Facility Safety Account 6

for the purpose of carrying out 49 U.S.C. 60141: Pro-7

vided, That not less than $1,058,000 of the funds pro-8

vided under this heading shall be for the One-Call State 9

grant program. 10

EMERGENCY PREPAREDNESS GRANTS 11

(EMERGENCY PREPAREDNESS FUND) 12

For expenses necessary to carry out the Emergency 13

Preparedness Grants program, not more than 14

$28,318,000 shall remain available until September 30, 15

2022, from amounts made available by 49 U.S.C. 5116(h), 16

and 5128(b) and (c): Provided, That notwithstanding 49 17

U.S.C. 5116(h)(4), not more than 4 percent of the 18

amounts made available from this account shall be avail-19

able to pay administrative costs: Provided further, That 20

notwithstanding 49 U.S.C. 5128(b) and (c) and the cur-21

rent year obligation limitation, prior year recoveries recog-22

nized in the current year shall be available to develop a 23

hazardous materials response training curriculum for 24

emergency responders, including response activities for the 25


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transportation of crude oil, ethanol and other flammable 1

liquids by rail, consistent with National Fire Protection 2

Association standards, and to make such training avail-3

able through an electronic format: Provided further, That 4

the prior year recoveries made available under this head-5

ing shall also be available to carry out 49 U.S.C. 6

5116(a)(1)(C), 5116(h), 5116(i), and 5107(e). 7

OFFICE OF INSPECTOR GENERAL 8


For necessary expenses of the Office of the Inspector 10

General to carry out the provisions of the Inspector Gen-11

eral Act of 1978, as amended, $96,700,000: Provided, 12

That the Inspector General shall have all necessary au-13

thority, in carrying out the duties specified in the Inspec-14

tor General Act, as amended (5 U.S.C. App. 3), to inves-15

tigate allegations of fraud, including false statements to 16

the government (18 U.S.C. 1001), by any person or entity 17

that is subject to regulation by the Department of Trans-18

portation. 19

GENERAL PROVISIONS—DEPARTMENT OF 20

TRANSPORTATION 21

SEC. 180. (a) During the current fiscal year, applica-22

ble appropriations to the Department of Transportation 23

shall be available for maintenance and operation of air-24

craft; hire of passenger motor vehicles and aircraft; pur-25


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chase of liability insurance for motor vehicles operating 1

in foreign countries on official department business; and 2

uniforms or allowances therefor, as authorized by law (5 3

U.S.C. 5901–5902). 4

(b) During the current fiscal year, applicable appro-5

priations to the Department and its operating administra-6

tions shall be available for the purchase, maintenance, op-7

eration, and deployment of unmanned aircraft systems 8

that advance the Department’s, or its operating adminis-9

trations’, missions. 10

(c) Any unmanned aircraft system purchased or pro-11

cured by the Department prior to the enactment of this 12

Act shall be deemed authorized. 13

SEC. 181. Appropriations contained in this Act for 14

the Department of Transportation shall be available for 15

services as authorized by 5 U.S.C. 3109, but at rates for 16

individuals not to exceed the per diem rate equivalent to 17

the rate for an Executive Level IV. 18

SEC. 182. (a) No recipient of funds made available 19

in this Act shall disseminate personal information (as de-20

fined in 18 U.S.C. 2725(3)) obtained by a State depart-21

ment of motor vehicles in connection with a motor vehicle 22

record as defined in 18 U.S.C. 2725(1), except as provided 23

in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 24

2721. 25


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(b) Notwithstanding subsection (a), the Secretary 1

shall not withhold funds provided in this Act for any 2

grantee if a State is in noncompliance with this provision. 3

SEC. 183. (a) None of the funds appropriated by this 4

Act may be made available for salaries and expenses of 5

more than 110 political and Presidential appointees in the 6

Department of Transportation: Provided, That none of the 7

personnel covered by this provision may be assigned on 8

temporary detail outside the Department of Transpor-9

tation. 10

(b) The limitation in subsection (a) shall increase to 11

125 political and Presidential appointees beginning on the 12

date on which the Secretary announces the selection of 13

projects to receive awards for each of the following com-14

petitive grants, with respect to funds made available for 15

fiscal year 2019 for such grants: 16

(1) Capital investment grants as authorized and 17

as funded under the heading ‘‘Office of the Sec-18

retary—National Infrastructure Investments’’ by 19

Public Law 116–6; 20

(2) Grants-In-Aid for Airports as authorized by 21

subchapter 1 of chapter 471 and subchapter 1 of 22

chapter 475 of title 49, United States Code, and as 23

funded under the heading ‘‘Federal Aviation Admin-24


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istration—Grants-in-Aid for Airports’’ by Public 1

Law 116–6; 2

(3) Federal-State Partnership for State of Good 3

Repair Grants, as authorized by section 24911 of 4

title 49, United States Code, and as funded under 5

the heading ‘‘Federal Railroad Administration— 6

Federal-State Partnership for State of Good Repair’’ 7

by Public Law 116–6; 8

(4) Consolidated Rail Infrastructure and Safety 9

Improvements Grants, as authorized by section 10

22907 of title 49, United States Code, and as fund-11

ed under the heading ‘‘Federal Railroad Administra-12

tion—Consolidated Rail Infrastructure and Safety 13

Improvements’’ by Public Law 116–6; 14

(5) Restoration and Enhancement Grants, as 15

authorized by section 22908 of title 49, United 16

States Code, and as funded under the heading ‘‘Fed-17

eral Railroad Administration— Restoration and En-18

hancement’’ by Public Law 116–6; 19

(6) Magnetic levitation transportation projects 20

consistent with section 322 of title 23, United States 21

Code, and as funded under the heading ‘‘Federal 22

Railroad Administration—Magnetic Levitation Tech-23

nology Deployment Program’’ by Public Law 116– 24

6; 25


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(7) Buses and bus facilities competitive grants 1

as authorized under section 5339(b) of title 49, 2

United States Code, and as funded under the head-3

ing ‘‘Federal Transit Administration—Transit Infra-4

structure Grants’’ by Public Law 116–6; 5

(8) Low or no emission grants, as authorized 6

under section 5339(c) of title 49, United States 7

Code, and as funded under the heading ‘‘Federal 8

Transit Administration—Transit Infrastructure 9

Grants’’ by Public Law 116–6; 10

(9) Grants to qualified shipyards, as authorized 11

under section 54101 of title 46, United States Code, 12

and as funded under the heading ‘‘Maritime Admin-13

istration—Assistance to Small Shipyards’’ by Public 14

Law 116–6; and 15

(10) Grants to improve port facilities, as au-16

thorized under section 50302 of title 46, United 17

States Code, and as funded under the heading 18

‘‘Maritime Administration—Port Infrastructure De-19

velopment Program’’ by Public Law 116–6. 20

SEC. 184. Funds received by the Federal Highway 21

Administration and Federal Railroad Administration from 22

States, counties, municipalities, other public authorities, 23

and private sources for expenses incurred for training may 24

be credited respectively to the Federal Highway Adminis-25


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tration’s ‘‘Federal-Aid Highways’’ account and to the Fed-1

eral Railroad Administration’s ‘‘Safety and Operations’’ 2

account, except for State rail safety inspectors partici-3

pating in training pursuant to 49 U.S.C. 20105. 4

SEC. 185. (a) None of the funds provided in this Act 5

to the Department of Transportation may be used to make 6

a loan, loan guarantee, line of credit, or discretionary 7

grant unless the Secretary of Transportation notifies the 8

House and Senate Committees on Appropriations not less 9

than 3 full business days before any project competitively 10

selected to receive any discretionary grant award, letter 11

of intent, loan commitment, loan guarantee commitment, 12

line of credit commitment, or full funding grant agreement 13

is announced by the Department or its modal administra-14

tions: Provided, That the Secretary gives concurrent noti-15

fication to the House and Senate Committees on Appro-16

priations for any ‘‘quick release’’ of funds from the emer-17

gency relief program: Provided further, That no notifica-18

tion shall involve funds that are not available for obliga-19

tion. 20

(b) In addition to the notification required in sub-21

section (a), none of the funds made available in this Act 22

to the Department of Transportation may be used to make 23

a loan, loan guarantee, line of credit, cooperative agree-24

ment or discretionary grant unless the Secretary of Trans-25


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portation provides the House and Senate Committees on 1

Appropriations a comprehensive list of all such loans, loan 2

guarantees, lines of credit, cooperative agreement or dis-3

cretionary grants that will be announced not less the 3 4

full business days before such announcement: Provided, 5

That the requirement to provide a list in this subsection 6

does not apply to any ‘‘quick release’’ of funds from the 7

emergency relief program: Provided further, That no list 8

shall involve funds that are not available for obligation. 9

SEC. 186. Rebates, refunds, incentive payments, 10

minor fees and other funds received by the Department 11

of Transportation from travel management centers, 12

charge card programs, the subleasing of building space, 13

and miscellaneous sources are to be credited to appropria-14

tions of the Department of Transportation and allocated 15

to elements of the Department of Transportation using 16

fair and equitable criteria and such funds shall be avail-17


SEC. 187. Amounts made available in this or any 19

prior Act that the Secretary determines represent im-20

proper payments by the Department of Transportation to 21

a third-party contractor under a financial assistance 22

award, which are recovered pursuant to law, shall be avail-23

able— 24


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(1) to reimburse the actual expenses incurred 1

by the Department of Transportation in recovering 2

improper payments: Provided, That amounts made 3

available in this Act shall be available until ex-4

pended; and 5

(2) to pay contractors for services provided in 6

recovering improper payments or contractor support 7

in the implementation of the Improper Payments In-8

formation Act of 2002, as amended by the Improper 9

Payments Elimination and Recovery Act of 2010 10

and Improper Payments Elimination and Recovery 11

Improvement Act of 2012, and Fraud Reduction and 12

Data Analytics Act of 2015: Provided, That amounts 13

in excess of that required for paragraphs (1) and 14

(2)— 15

(A) shall be credited to and merged with 16

the appropriation from which the improper pay-17

ments were made, and shall be available for the 18

purposes and period for which such appropria-19

tions are available: Provided further, That 20

where specific project or accounting information 21

associated with the improper payment or pay-22

ments is not readily available, the Secretary 23

may credit an appropriate account, which shall 24


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be available for the purposes and period associ-1

ated with the account so credited; or 2

(B) if no such appropriation remains avail-3

able, shall be deposited in the Treasury as mis-4

cellaneous receipts: Provided further, That prior 5

to depositing such recovery in the Treasury, the 6

Secretary shall notify the House and Senate 7

Committees on Appropriations of the amount 8

and reasons for such transfer: Provided further, 9

That for purposes of this section, the term ‘‘im-10

proper payments’’ has the same meaning as 11

that provided in section 2(e)(2) of Public Law 12

111–204. 13


law, if any funds provided in or limited by this Act are 15

subject to a reprogramming action that requires notice to 16

be provided to the House and Senate Committees on Ap-17

propriations, transmission of said reprogramming notice 18

shall be provided solely to the House and Senate Commit-19

tees on Appropriations, and said reprogramming action 20

shall be approved or denied solely by the House and Sen-21

ate Committees on Appropriations: Provided, That the 22

Secretary of Transportation may provide notice to other 23

congressional committees of the action of the House and 24

Senate Committees on Appropriations on such reprogram-25


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ming but not sooner than 30 days following the date on 1

which the reprogramming action has been approved or de-2

nied by the House and Senate Committees on Appropria-3

tions. 4

SEC. 189. Funds appropriated in this Act to the 5

modal administrations may be obligated for the Office of 6

the Secretary for the costs related to assessments or reim-7

bursable agreements only when such amounts are for the 8

costs of goods and services that are purchased to provide 9

a direct benefit to the applicable modal administration or 10

administrations. 11

SEC. 190. The Secretary of Transportation is author-12

ized to carry out a program that establishes uniform 13

standards for developing and supporting agency transit 14

pass and transit benefits authorized under section 7905 15

of title 5, United States Code, including distribution of 16

transit benefits by various paper and electronic media. 17

SEC. 191. The Department of Transportation may 18

use funds provided by this Act, or any other Act, to assist 19

a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 20

geographic, economic, or any other hiring preference not 21

otherwise authorized by law, or to amend a rule, regula-22

tion, policy or other measure that forbids a recipient of 23

a Federal Highway Administration or Federal Transit Ad-24

ministration grant from imposing such hiring preference 25


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on a contract or construction project with which the De-1

partment of Transportation is assisting, only if the grant 2

recipient certifies the following: 3

(a) that except with respect to apprentices or train-4

ees, a pool of readily available but unemployed individuals 5

possessing the knowledge, skill, and ability to perform the 6

work that the contract requires resides in the jurisdiction; 7

(b) that the grant recipient will include appropriate 8

provisions in its bid document ensuring that the contractor 9

does not displace any of its existing employees in order 10

to satisfy such hiring preference; and 11

(c) that any increase in the cost of labor, training, 12

or delays resulting from the use of such hiring preference 13

does not delay or displace any transportation project in 14

the applicable Statewide Transportation Improvement 15

Program or Transportation Improvement Program. 16

SEC. 192. (a) None of the funds appropriated or oth-17

erwise made available by this Act may be used to termi-18

nate a grant or cooperative agreement with the California 19

High Speed Rail Authority, de-obligate funding associated 20

with a grant or cooperative agreement with the California 21

High Speed Rail Authority, or require the State of Cali-22

fornia or the California High Speed Rail Authority to 23

repay funding previously obligated and expended. 24


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(b) Subsection (a) shall apply to Cooperative Agree-1

ment No. FR-HSR-0009-10-01-06 and any other grant or 2

cooperative agreement with the California High Speed 3

Rail Authority in effect on or after enactment of this Act. 4

(c) Notwithstanding the Department of Transpor-5

tation Appropriations Act, 2010 (Public Law 111-117), 6

de-obligated funds associated with Cooperative Agreement 7

No. FR-HSR-0118-12-01-01— 8

(1) may not be made available for any purpose 9

until the final determination of any litigation con-10

cerning those funds; and 11

(2) upon the final determination of any such 12

litigation, shall be made available only for high-speed 13

rail projects under section 26106 of title 49, United 14

States Code, in accordance with such section, except 15

the Secretary of Transportation shall— 16

(A) issue a Notice of Funding Opportunity 17

for such grants no later than 30 days after the 18

final determination of such litigation; 19

(B) require that such Notice of Funding 20

Opportunity shall require application submis-21

sions no later than 30 days after the issuance 22

of such Notice; 23

(C) award grants no later than 60 days 24

after the issuance of such Notice; and 25


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(D) require applicants to provide the Sec-1

retary with completed documentation with re-2

spect to any required environmental impact 3

statements within the application for a grant. 4

SEC. 193. Section 603(b) of title 23, United States 5

Code, is amended by striking paragraph (8) and inserting 6

the following: 7

‘‘(8) NON-FEDERAL SHARE.—Notwith-8

standing paragraph (9) and section 117(j)(2), 9

the proceeds of a secured loan under the TIFIA 10

program shall be considered to be part of the 11

non-Federal share of project costs required 12

under this title or chapter 53 of title 49, if the 13

loan is repayable from non-Federal funds.’’. 14

SEC. 194. Section 502(b)(3) of the Railroad Revital-15

ization and Regulatory Reform Act of 1976 (45 U.S.C. 16

822(b)(3)) is amended by striking ‘‘only during the 4-year 17

period beginning on the date of enactment of the Pas-18

senger Rail Reform and Investment Act of 2015’’ and in-19

serting ‘‘until September 30, 2020’’. 20

SEC. 195. (a) None of the funds appropriated by this 21

title may be made available to issue grants to entities that 22

do not comply with practices for control system procure-23

ment recommended by the U.S. Department of Homeland 24


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Security’s National Cybersecurity and Communications 1

Integration Center. 2

(b) The Secretary of Transportation may waive the 3

requirement to comply with the practices described in sub-4

section (a) if the Secretary finds that: 5

(1) requiring compliance would be inconsistent 6

with the public interest; and 7

(2) the Secretary notifies the House and Senate 8

Committees on Appropriations no less than 3 days 9

before issuing a waiver under this subsection. 10

This title may be cited as the ‘‘Department of Trans-11

portation Appropriations Act, 2020’’. 12

TITLE II 13

DEPARTMENT OF HOUSING AND URBAN 14

DEVELOPMENT 15

MANAGEMENT AND ADMINISTRATION 16

EXECUTIVE OFFICES 17

For necessary salaries and expenses for Executive Of-18

fices, which shall be comprised of the offices of the Sec-19

retary, Deputy Secretary, Adjudicatory Services, Congres-20

sional and Intergovernmental Relations, Public Affairs, 21

Small and Disadvantaged Business Utilization, and the 22

Center for Faith-Based and Neighborhood Partnerships, 23


2021, and of which $4,557,000 is for the Office of the 25


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Secretary and $2,192,000 is for the Office of Congres-1

sional and Intergovernmental Relations: Provided, That 2

not to exceed $20,000 of the total amount made available 3

under this heading shall be available to the Secretary for 4

official reception and representation expenses as the Sec-5

retary may determine: Provided further, That none of the 6

funds made available in this title or title II of division G 7

of Public Law 116–6 may be reprogrammed or otherwise 8

used to increase the appropriation provided by this title 9

for the Office of the Secretary or the Office of Congres-10

sional and Intergovernmental Relations: Provided further, 11

That none of the funds made available by this or any other 12

Act may be used to detail any individual to the Office of 13

the Secretary or the Office of Congressional and Intergov-14

ernmental Relations: Provided further, That none of the 15

funds made available by this Act may be used to pay the 16

salary of any individual occupying a political position in 17

the Office of Budget: Provided further, That for the pur-18

poses of the previous proviso, the term ‘‘political position’’ 19

means the following: a position described under sections 20

5312 through 5316 of title 5, United States Code (relating 21

to the Executive Schedule); a noncareer appointment in 22

the Senior Executive Service, as defined under paragraph 23

(7) of section 3132(a) of such title; a position in the execu-24

tive branch of the Government of a confidential or policy- 25


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determining character under schedule C of subpart C of 1

part 213 of title 5, Code of Federal Regulations; or any 2

other position that has been excepted from the competitive 3

service by reason of its confidential, policy-determining, 4

policy-making, or policy-advocating character. 5

ADMINISTRATIVE SUPPORT OFFICES 6

For necessary salaries and expenses for Administra-7

tive Support Offices, $521,500,000, to remain available 8

until September 30, 2021: Provided, That of the sums ap-9

propriated under this heading — 10

(1) not to exceed $52,691,000 shall be for the 11

Office of the Chief Financial Officer; 12


Office of the General Counsel, of which not less than 14

$20,000,000 shall be for the Departmental Enforce-15

ment Center; 16


Office of Field Policy and Management; 18


Office of Departmental Equal Employment Oppor-20

tunity; 21

(5) not less than $55,019,000 shall be for the 22

Office of the Chief Information Officer; and 23


Assistant Secretary for Administration: 25


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Provided further, That funds provided under this heading 1

may be used for hire of passenger motor vehicles and serv-2

ices as authorized by 5 U.S.C. 3109: Provided further, 3

That the Secretary shall provide the House and Senate 4

Committees on Appropriations quarterly written notifica-5

tion regarding the status of pending congressional reports: 6

Provided further, That the Secretary shall provide in elec-7

tronic form all signed reports required by Congress: Pro-8

vided further, That not more than 10 percent of the funds 9

made available under this heading for the Office of Chief 10

Financial Officer for the financial transformation initia-11

tive may be obligated until the Secretary submits to the 12

House and Senate Committees on Appropriations, for ap-13

proval, a plan for expenditure that includes the financial 14

and internal control capabilities to be delivered and the 15

mission benefits to be realized, key milestones to be met, 16

and the relationship between the proposed use of funds 17

made available under this heading and the projected total 18

cost and scope of the initiative. 19

PROGRAM OFFICE SALARIES AND EXPENSES 20

For necessary salaries and expenses for Program Of-21

fices, $849,144,000, to remain available until September 22

30, 2021: Provided, the amounts made available under 23

this heading are provided as follows: 24


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able for the Office of Public and Indian Housing, of 2

which $10,200,000 is for (a) the Secretary of Hous-3

ing and Urban Development for carrying out any 4

authorities of such Secretary under chapter 11 of 5

subtitle B of the Violence Against Women Act of 6

1994 (34 U.S.C. 12351) and subtitle N of such Act 7

(34 U.S.C. 12471 et seq.); (b) public housing inspec-8

tions and assessments as referred in paragraph (2) 9

of the heading ‘‘Public Housing Capital Fund’’ in 10

this title; and (c) public housing inspections, moni-11

toring and oversight of activities, and other assist-12

ance authorized under title I of the Native American 13

Housing Assistance and Self-Determination Act of 14

1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I 15

of the Housing and Community Development Act of 16

1974 with respect to Indian tribes (42 U.S.C. 17

5306(a)(1)), section 184 of the Housing and Com-18

munity Development Act of 1992 (12 U.S.C. 1715z– 19

13a), and Tribal HUD-VASH program; 20


able for the Office of Community Planning and De-22

velopment, of which $4,656,000 shall be for perma-23

nent positions for a disaster recovery workforce; 24


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able for the Office of Housing, of which not less 2

than $12,000,000 shall be for the Office of Recapi-3

talization; 4


for the Office of Policy Development and Research; 6


for the Office of Fair Housing and Equal Oppor-8

tunity; and 9


for the Office of Lead Hazard Control and Healthy 11

Homes: 12

Provided further, That the unobligated balances of prior 13

year appropriations made available under each of the ac-14

counts ‘‘Public and Indian Housing’’, ‘‘Community Plan-15

ning and Development’’, ‘‘Housing’’, ‘‘Policy Development 16

and Research’’, ‘‘Fair Housing and Equal Opportunity’’, 17

and ‘‘Office of Lead Hazard Control and Healthy Homes’’ 18

under the heading ‘‘Department of Housing and Urban 19

Development--Program Office Salaries and Expenses’’ 20

shall be transferred to, and merged with, the amounts re-21

served for the Office of Public and Indian Housing, the 22

Office of Community Planning and Development, the Of-23

fice of Housing, the Office of Policy Development and Re-24

search, the Office of Fair Housing and Equal Oppor-25


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tunity, and the Office of Lead Hazard Control and 1

Healthy Homes, respectively, under the heading ‘‘Depart-2

ment of Housing and Urban Development--Program Of-3

fice Salaries and Expenses’’ in this title. 4

WORKING CAPITAL FUND 5


For the working capital fund for the Department of 7

Housing and Urban Development (referred to in this para-8

graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 9

of the Department of Housing and Urban Development 10

Act (42 U.S.C. 3535(f)), amounts transferred, including 11

reimbursements pursuant to section 7(f), to the Fund 12

under this heading shall be available for Federal shared 13

services used by offices and agencies of the Department, 14

and for such portion of any office or agency’s printing, 15

records management, space renovation, furniture, or sup-16

ply services as the Secretary determines shall be derived 17

from centralized sources made available by the Depart-18

ment to all offices and agencies and funded through the 19

Fund: Provided, That of the amounts made available in 20

this title for salaries and expenses under the headings 21

‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 22

‘‘Program Office Salaries and Expenses’’, and ‘‘Govern-23

ment National Mortgage Association’’, the Secretary shall 24

transfer to the Fund such amounts, to remain available 25


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until expended, as are necessary to fund services, specified 1

in the matter preceding the first proviso, for which the 2

appropriation would otherwise have been available, and 3

may transfer not to exceed an additional $5,000,000, in 4

aggregate, from all such appropriations, to be merged with 5

the Fund and to remain available until expended for any 6

purpose under this heading: Provided further, That 7

amounts in the Fund shall be the only amounts available 8

to each office or agency of the Department for the serv-9

ices, or portion of services, specified in the matter pre-10

ceding the first proviso: Provided further, That with re-11

spect to the Fund, the authorities and conditions under 12

this heading shall supplement the authorities and condi-13

tions provided under section 7(f). 14

PUBLIC AND INDIAN HOUSING 15

TENANT-BASED RENTAL ASSISTANCE 16

For activities and assistance for the provision of ten-17

ant-based rental assistance authorized under the United 18

States Housing Act of 1937, as amended (42 U.S.C. 1437 19

et seq.) (‘‘the Act’’ herein), not otherwise provided for, 20

$19,810,000,000, to remain available until expended, shall 21

be available on October 1, 2019 (in addition to the 22

$4,000,000,000 previously appropriated under this head-23

ing that shall be available on October 1, 2019), and 24

$4,000,000,000, to remain available until expended, shall 25


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be available on October 1, 2020: Provided, That the 1

amounts made available under this heading are provided 2

as follows: 3

(1) $21,400,000,000 shall be available for re-4

newals of expiring section 8 tenant-based annual 5

contributions contracts (including renewals of en-6

hanced vouchers under any provision of law author-7

izing such assistance under section 8(t) of the Act) 8

and including renewal of other special purpose incre-9

mental vouchers: Provided, That notwithstanding 10

any other provision of law, from amounts provided 11

under this paragraph and any carryover, the Sec-12

retary for the calendar year 2020 funding cycle shall 13

provide renewal funding for each public housing 14

agency based on validated voucher management sys-15

tem (VMS) leasing and cost data for the prior cal-16

endar year and by applying an inflation factor as es-17

tablished by the Secretary, by notice published in 18

the Federal Register, and by making any necessary 19

adjustments for the costs associated with the first- 20

time renewal of vouchers under this paragraph in-21

cluding tenant protection and Choice Neighborhoods 22

vouchers: Provided further, That the Secretary shall, 23

to the extent necessary to stay within the amount 24

specified under this paragraph (except as otherwise 25


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modified under this paragraph), prorate each public 1

housing agency’s allocation otherwise established 2

pursuant to this paragraph: Provided further, That 3

except as provided in the following provisos, the en-4

tire amount specified under this paragraph (except 5

as otherwise modified under this paragraph) shall be 6

obligated to the public housing agencies based on the 7

allocation and pro rata method described above, and 8

the Secretary shall notify public housing agencies of 9

their annual budget by the latter of 60 days after 10

enactment of this Act or March 1, 2020: Provided 11

further, That the Secretary may extend the notifica-12

tion period with the prior written approval of the 13

House and Senate Committees on Appropriations: 14

Provided further, That public housing agencies par-15

ticipating in the MTW demonstration shall be fund-16

ed pursuant to their MTW agreements and in ac-17

cordance with the requirements of the MTW pro-18

gram and shall be subject to the same pro rata ad-19

justments under the previous provisos: Provided fur-20

ther, That the Secretary may offset public housing 21

agencies’ calendar year 2020 allocations based on 22

the excess amounts of public housing agencies’ net 23

restricted assets accounts, including HUD-held pro-24

grammatic reserves (in accordance with VMS data 25


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in calendar year 2019 that is verifiable and com-1

plete), as determined by the Secretary: Provided fur-2

ther, That public housing agencies participating in 3

the MTW demonstration shall also be subject to the 4

offset, as determined by the Secretary, excluding 5

amounts subject to the single fund budget authority 6

provisions of their MTW agreements, from the agen-7

cies’ calendar year 2020 MTW funding allocation: 8

Provided further, That the Secretary shall use any 9

offset referred to in the previous two provisos 10

throughout the calendar year to prevent the termi-11

nation of rental assistance for families as the result 12

of insufficient funding, as determined by the Sec-13

retary, and to avoid or reduce the proration of re-14

newal funding allocations: Provided further, That the 15

Secretary may utilize unobligated balances, including 16

recaptures and carryover, remaining from funds ap-17

propriated under this heading from prior year ap-18

propriations (excluding special purpose vouchers), 19

notwithstanding the purposes for which such 20

amounts were appropriated, to avoid or reduce such 21

prorations: Provided further, That up to 22

$100,000,000 shall be available only: (1) for adjust-23

ments in the allocations for public housing agencies, 24

after application for an adjustment by a public hous-25


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ing agency that experienced a significant increase, as 1

determined by the Secretary, in renewal costs of 2

vouchers resulting from unforeseen circumstances or 3

from portability under section 8(r) of the Act; (2) 4

for vouchers that were not in use during the pre-5

vious 12-month period in order to be available to 6

meet a commitment pursuant to section 8(o)(13) of 7

the Act; (3) for adjustments for costs associated 8

with HUD–Veterans Affairs Supportive Housing 9

(HUD–VASH) vouchers; (4) for adjustments in the 10

allocations for public housing agencies that (i) are 11

leasing a lower-than-average percentage of their au-12

thorized vouchers, (ii) have low amounts of budget 13

authority in their net restricted assets accounts and 14

HUD-held programmatic reserves, relative to other 15

agencies, and (iii) are not participating in the Mov-16

ing to Work demonstration, to enable such agencies 17

to lease more vouchers; (5) for public housing agen-18

cies that despite taking reasonable cost savings 19

measures, as determined by the Secretary, would 20

otherwise be required to terminate rental assistance 21

for families as a result of insufficient funding; and 22

(6) for public housing agencies that have experi-23

enced increased costs or loss of units in an area for 24

which the President declared a disaster under title 25


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IV of the Robert T. Stafford Disaster Relief and 1

Emergency Assistance Act (42 U.S.C. 5170 et seq.): 2

Provided further, That the Secretary shall allocate 3

amounts under the previous proviso based on need, 4

as determined by the Secretary; 5

(2) $150,000,000 shall be for section 8 rental 6

assistance for relocation and replacement of housing 7

units that are demolished or disposed of pursuant to 8

section 18 of the Act, conversion of section 23 9

projects to assistance under section 8, the family 10

unification program under section 8(x) of the Act, 11

relocation of witnesses in connection with efforts to 12

combat crime in public and assisted housing pursu-13

ant to a request from a law enforcement or prosecu-14

tion agency, enhanced vouchers under any provision 15

of law authorizing such assistance under section 8(t) 16

of the Act, HOPE VI and Choice Neighborhood 17

vouchers, mandatory and voluntary conversions, and 18

tenant protection assistance including replacement 19

and relocation assistance or for project-based assist-20

ance to prevent the displacement of unassisted elder-21

ly tenants currently residing in section 202 prop-22

erties financed between 1959 and 1974 that are refi-23

nanced pursuant to Public Law 106–569, as amend-24

ed, or under the authority as provided under this 25


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Act: Provided, That when a public housing develop-1

ment is submitted for demolition or disposition 2

under section 18 of the Act, the Secretary may pro-3

vide section 8 rental assistance when the units pose 4

an imminent health and safety risk to residents: 5

Provided further, That the Secretary shall provide 6

replacement vouchers for all units that cease to be 7

available as assisted housing, subject only to the 8

availability of funds: Provided further, That of the 9

amounts made available under this paragraph, 10

$5,000,000 may be available to provide tenant pro-11

tection assistance, not otherwise provided under this 12

paragraph, to residents residing in low vacancy 13

areas and who may have to pay rents greater than 14

30 percent of household income, as the result of: (A) 15

the maturity of a HUD-insured, HUD-held or sec-16

tion 202 loan that requires the permission of the 17

Secretary prior to loan prepayment; (B) the expira-18

tion of a rental assistance contract for which the 19

tenants are not eligible for enhanced voucher or ten-20

ant protection assistance under existing law; or (C) 21

the expiration of affordability restrictions accom-22

panying a mortgage or preservation program admin-23

istered by the Secretary: Provided further, That such 24

tenant protection assistance made available under 25


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the previous proviso may be provided under the au-1

thority of section 8(t) or section 8(o)(13) of the 2

United States Housing Act of 1937 (42 U.S.C. 3

1437f(t)): Provided further, That the Secretary shall 4

issue guidance to implement the previous provisos, 5

including, but not limited to, requirements for defin-6

ing eligible at-risk households within 60 days of the 7

enactment of this Act: Provided further, That any 8

tenant protection voucher made available from 9

amounts under this paragraph shall not be reissued 10

by any public housing agency, except the replace-11

ment vouchers as defined by the Secretary by notice, 12

when the initial family that received any such vouch-13

er no longer receives such voucher, and the authority 14

for any public housing agency to issue any such 15

voucher shall cease to exist: Provided further, That 16

the Secretary may provide section 8 rental assist-17

ance from amounts made available under this para-18

graph for units assisted under a project-based sub-19

sidy contract funded under the ‘‘Project-Based 20

Rental Assistance’’ heading under this title where 21

the owner has received a Notice of Default and the 22

units pose an imminent health and safety risk to 23

residents: Provided further, That to the extent that 24

the Secretary determines that such units are not 25


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feasible for continued rental assistance payments or 1

transfer of the subsidy contract associated with such 2

units to another project or projects and owner or 3

owners, any remaining amounts associated with such 4

units under such contract shall be recaptured and 5

used to reimburse amounts used under this para-6

graph for rental assistance under the preceding pro-7

viso; 8

(3) $1,925,000,000 shall be for administrative 9

and other expenses of public housing agencies in ad-10

ministering the section 8 tenant-based rental assist-11

ance program, of which up to $30,000,000 shall be 12

available to the Secretary to allocate to public hous-13

ing agencies that need additional funds to admin-14

ister their section 8 programs, including fees associ-15

ated with section 8 tenant protection rental assist-16

ance, the administration of disaster related vouchers, 17

HUD–VASH vouchers, and other special purpose in-18

cremental vouchers: Provided, That no less than 19

$1,895,000,000 of the amount provided in this para-20

graph shall be allocated to public housing agencies 21

for the calendar year 2020 funding cycle based on 22

section 8(q) of the Act (and related Appropriation 23

Act provisions) as in effect immediately before the 24

enactment of the Quality Housing and Work Re-25


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sponsibility Act of 1998 (Public Law 105–276): Pro-1

vided further, That if the amounts made available 2

under this paragraph are insufficient to pay the 3

amounts determined under the previous proviso, the 4

Secretary may decrease the amounts allocated to 5

agencies by a uniform percentage applicable to all 6

agencies receiving funding under this paragraph or 7

may, to the extent necessary to provide full payment 8

of amounts determined under the previous proviso, 9

utilize unobligated balances, including recaptures 10

and carryovers, remaining from funds appropriated 11

to the Department of Housing and Urban Develop-12

ment under this heading from prior fiscal years, ex-13

cluding special purpose vouchers, notwithstanding 14

the purposes for which such amounts were appro-15

priated: Provided further, That all public housing 16

agencies participating in the MTW demonstration 17

shall be funded pursuant to their MTW agreements 18

and in accordance with the requirements of the 19

MTW program, and shall be subject to the same 20

uniform percentage decrease as under the previous 21

proviso: Provided further, That amounts provided 22

under this paragraph shall be only for activities re-23

lated to the provision of tenant-based rental assist-24


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ance authorized under section 8, including related 1

development activities; 2

(4) $225,000,000 shall be for the renewal of 3

tenant-based assistance contracts under section 811 4

of the Cranston-Gonzalez National Affordable Hous-5

ing Act (42 U.S.C. 8013), including necessary ad-6

ministrative expenses: Provided, That administrative 7

and other expenses of public housing agencies in ad-8

ministering the special purpose vouchers in this 9

paragraph shall be funded under the same terms 10

and be subject to the same pro rata reduction as the 11

percent decrease for administrative and other ex-12

penses to public housing agencies under paragraph 13

(3) of this heading: 14

(5) $5,000,000 shall be for rental assistance 15

and associated administrative fees for Tribal HUD– 16

VASH to serve Native American veterans that are 17

homeless or at-risk of homelessness living on or near 18

a reservation or other Indian areas: Provided, That 19

such amount shall be made available for renewal 20

grants to recipients that received assistance under 21

prior Acts under the Tribal HUD–VASH program: 22

Provided further, That the Secretary shall be author-23

ized to specify criteria for renewal grants, including 24

data on the utilization of assistance reported by 25


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grant recipients: Provided further, That any amounts 1

remaining after such renewal assistance is awarded 2

may be available for new grants to recipients eligible 3

to receive block grants under the Native American 4

Housing Assistance and Self-Determination Act of 5

1996 (25 U.S.C. 4101 et seq.) for rental assistance 6

and associated administrative fees for Tribal HUD- 7

VASH to serve Native American veterans that are 8

homeless or at-risk of homelessness living on or near 9

a reservation or other Indian areas: Provided further, 10

That funds shall be awarded based on need, and ad-11

ministrative capacity established by the Secretary in 12

a Notice published in the Federal Register after co-13

ordination with the Secretary of the Department of 14

Veterans Affairs: Provided further, That renewal 15

grants and new grants under this paragraph shall be 16

administered in accordance with program require-17

ments under the Native American Housing Assist-18

ance and Self-Determination Act of 1996 and mod-19

eled after the HUD-VASH program: Provided fur-20

ther, That the Secretary shall be authorized to 21

waive, or specify alternative requirements for any 22

provision of any statute or regulation that the Sec-23

retary administers in connection with the use of 24

funds made available under this paragraph (except 25


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for requirements related to fair housing, non-1

discrimination, labor standards, and the environ-2

ment), upon a finding by the Secretary that any 3

such waivers or alternative requirements are nec-4

essary for the effective delivery and administration 5

of such assistance: Provided further, That grant re-6

cipients shall report to the Secretary on utilization 7

of such rental assistance and other program data, as 8

prescribed by the Secretary: Provided further, That 9

the Secretary may reallocate, as determined by the 10

Secretary, amounts returned or recaptured from 11

awards under prior Acts; 12

(6) $40,000,000 for incremental rental voucher 13

assistance for use through a supported housing pro-14

gram administered in conjunction with the Depart-15

ment of Veterans Affairs as authorized under section 16

8(o)(19) of the United States Housing Act of 1937: 17

Provided, That the Secretary of Housing and Urban 18

Development shall make such funding available, not-19

withstanding section 203 (competition provision) of 20

this title, to public housing agencies that partner 21

with eligible VA Medical Centers or other entities as 22

designated by the Secretary of the Department of 23

Veterans Affairs, based on geographical need for 24

such assistance as identified by the Secretary of the 25


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Department of Veterans Affairs, public housing 1

agency administrative performance, and other fac-2

tors as specified by the Secretary of Housing and 3

Urban Development in consultation with the Sec-4

retary of the Department of Veterans Affairs: Pro-5

vided further, That the Secretary of Housing and 6

Urban Development may waive, or specify alter-7

native requirements for (in consultation with the 8

Secretary of the Department of Veterans Affairs), 9

any provision of any statute or regulation that the 10

Secretary of Housing and Urban Development ad-11

ministers in connection with the use of funds made 12

available under this paragraph (except for require-13

ments related to fair housing, nondiscrimination, 14

labor standards, and the environment), upon a find-15

ing by the Secretary that any such waivers or alter-16

native requirements are necessary for the effective 17

delivery and administration of such voucher assist-18

ance: Provided further, That assistance made avail-19

able under this paragraph shall continue to remain 20

available for homeless veterans upon turn-over; 21

(7) $40,000,000 shall be made available for 22

new incremental voucher assistance through the 23

family unification program as authorized by section 24

8(x) of the Act: Provided, That the assistance made 25


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available under this paragraph shall continue to re-1

main available for family unification upon turnover: 2

Provided further, That for any public housing agency 3

administering voucher assistance appropriated in a 4

prior Act under the family unification program that 5

determines that it no longer has an identified need 6

for such assistance upon turnover, such agency shall 7

notify the Secretary, and the Secretary shall recap-8

ture such assistance from the agency and reallocate 9

it to any other public housing agency or agencies 10

based on need for voucher assistance in connection 11

with such program: Provided further, That of the 12

amounts made available under this paragraph, up to 13

$20,000,000 shall be for assistance for youth under 14

section 8(x) of the Act: Provided further, That not-15

withstanding other laws, the Secretary shall, subject 16

only to the availability of funds, allocate such assist-17

ance to any public housing agencies that (1) admin-18

ister assistance under section 8(x), or seek to admin-19

ister such assistance, consistent with procedures es-20

tablished by the Secretary, and (2) have requested 21

such assistance so that they may provide timely as-22

sistance to eligible youth: Provided further, That 23

public housing agencies shall not reissue any assist-24

ance made available from amounts under this para-25


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graph when the initial youth that received any such 1

assistance no longer receives it, unless approved by 2

the Secretary; 3

(8) $25,000,000 shall be made available for the 4

mobility demonstration authorized under section 235 5

of division G of the Consolidated Appropriations Act, 6

2019 (42 U.S.C. 1437f note; Public Law 116–6; 7

133 Stat. 465), of which up to $5,000,000 shall be 8

for new incremental voucher assistance and the re-9

mainder of which shall be available to provide mobil-10

ity-related services to families with children, includ-11

ing pre- and post-move counseling and rent deposits, 12

and to offset the administrative costs of operating 13

the mobility demonstration: Provided, That incre-14

mental voucher assistance made available under this 15

paragraph shall be for families with children partici-16

pating in the mobility demonstration and shall con-17

tinue to remain available for families with children 18

upon turnover: Provided further, That for any public 19

housing agency administering voucher assistance 20

under the mobility demonstration that determines 21

that it no longer has an identified need for such as-22

sistance upon turnover, such agency shall notify the 23

Secretary, and the Secretary shall recapture such as-24

sistance from the agency and reallocate it to any 25


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other public housing agency or agencies based on 1

need for voucher assistance in connection with such 2

demonstration; and 3

(9) the Secretary shall separately track all spe-4

cial purpose vouchers funded under this heading. 5

HOUSING CERTIFICATE FUND 6

(INCLUDING RESCISSIONS) 7

Unobligated balances, including recaptures and car-8

ryover, remaining from funds appropriated to the Depart-9

ment of Housing and Urban Development under this 10

heading, the heading ‘‘Annual Contributions for Assisted 11

Housing’’ and the heading ‘‘Project-Based Rental Assist-12

ance’’, for fiscal year 2020 and prior years may be used 13

for renewal of or amendments to section 8 project-based 14

contracts and for performance-based contract administra-15

tors, notwithstanding the purposes for which such funds 16

were appropriated: Provided, That any obligated balances 17

of contract authority from fiscal year 1974 and prior that 18

have been terminated shall be rescinded: Provided further, 19

That amounts heretofore recaptured, or recaptured during 20

the current fiscal year, from section 8 project-based con-21

tracts from source years fiscal year 1975 through fiscal 22

year 1987 are hereby rescinded, and an amount of addi-23

tional new budget authority, equivalent to the amount re-24

scinded is hereby appropriated, to remain available until 25


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expended, for the purposes set forth under this heading, 1

in addition to amounts otherwise available. 2

PUBLIC HOUSING CAPITAL FUND 3

For the Public Housing Capital Fund Program to 4

carry out capital and management activities for public 5

housing agencies, as authorized under section 9 of the 6

United States Housing Act of 1937 (42 U.S.C. 1437g) 7

(the ‘‘Act’’) $2,855,057,000, to remain available until 8

September 30, 2023: Provided, That the amounts made 9

available under this heading are provided as follows: 10

(1) notwithstanding any other provision of law 11

or regulation, during fiscal year 2020, the Secretary 12

of Housing and Urban Development may not dele-13

gate to any Department official other than the Dep-14

uty Secretary and the Assistant Secretary for Public 15

and Indian Housing any authority under paragraph 16

(2) of section 9(j) regarding the extension of the 17

time periods under such section: Provided further, 18

That for purposes of such section 9(j), the term ‘‘ob-19

ligate’’ means, with respect to amounts, that the 20

amounts are subject to a binding agreement that will 21

result in outlays, immediately or in the future; 22

(2) $28,000,000 shall be to support ongoing 23

public housing financial and physical assessment ac-24

tivities, pilot a new physical inspection process, and 25


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implement the recommendations made in the March 1

2019 Government Accountability Office (GAO) re-2

port ‘‘Real Estate Inspection Center: HUD should 3

Improve Physical Inspection Process and Oversight 4

of Inspectors’’ (GAO-19-254); 5

(3) up to $16,000,000 shall be to support the 6

costs of administrative and judicial receiverships; 7


for the Secretary to make grants, notwithstanding 9

section 203 of this Act, to public housing agencies 10

for emergency capital needs including safety and se-11

curity measures necessary to address crime and 12

drug-related activity as well as needs resulting from 13

unforeseen or unpreventable emergencies and nat-14

ural disasters excluding Presidentially declared 15

emergencies and natural disasters under the Robert 16

T. Stafford Disaster Relief and Emergency Act (42 17

U.S.C. 5121 et seq.) occurring in fiscal year 2020: 18

Provided further, That of the amount made available 19

under this paragraph, not less than $10,000,000 20

shall be for safety and security measures: Provided 21

further, That in addition to the amount in the pre-22

vious proviso for such safety and security measures, 23

any amounts that remain available, after all applica-24

tions received on or before September 30, 2021, for 25


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emergency capital needs have been processed, shall 1

be allocated to public housing agencies for such safe-2

ty and security measures; 3

(5) Provided further, That for funds provided 4

under this heading, the limitation in section 9(g)(1) 5

of the Act shall be 25 percent: Provided further, 6

That the Secretary may waive the limitation in the 7

previous proviso to allow public housing agencies to 8

fund activities authorized under section 9(e)(1)(C) 9

of the Act: Provided further, That the Secretary 10

shall notify public housing agencies requesting waiv-11

ers under the previous proviso if the request is ap-12

proved or denied within 14 days of submitting the 13

request: Provided further, That from the funds made 14

available under this heading, the Secretary shall pro-15

vide bonus awards in fiscal year 2020 to public 16

housing agencies that are designated high per-17

formers: Provided further, That the Department 18

shall notify public housing agencies of their formula 19

allocation within 60 days of enactment of this Act; 20


tive grants to public housing agencies to evaluate 22

and reduce lead-based paint hazards in public hous-23

ing by carrying out the activities of risk assess-24

ments, abatement, and interim controls (as those 25


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terms are defined in section 1004 of the Residential 1

Lead-Based Paint Hazard Reduction Act of 1992 2

(42 U.S.C. 4851b)): Provided further, That for pur-3

poses of environmental review, a grant under this 4

paragraph shall be considered funds for projects or 5

activities under title I of the United States Housing 6

Act of 1937 (42 U.S.C. 1437 et seq.) for purposes 7

of section 26 of such Act (42 U.S.C. 1437x) and 8

shall be subject to the regulations implementing 9

such section; and 10


tive grants to public housing agencies for activities 12

authorized under the Healthy Homes Initiative, pur-13

suant to sections 501 and 502 of the Housing and 14

Urban Development Act of 1970, which shall include 15

research, studies, testing, and demonstration efforts, 16

including education and outreach concerning mold, 17

carbon monoxide poisoning, and other housing-re-18

lated diseases and hazards. 19

PUBLIC HOUSING OPERATING FUND 20

For 2020 payments to public housing agencies for the 21

operation and management of public housing, as author-22

ized by section 9(e) of the United States Housing Act of 23

1937 (42 U.S.C. 1437g(e)), $4,753,116,000, to remain 24

available until September 30, 2021. 25


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CHOICE NEIGHBORHOODS INITIATIVE 1

For competitive grants under the Choice Neighbor-2

hoods Initiative (subject to section 24 of the United States 3

Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 4

specified under this heading), for transformation, rehabili-5

tation, and replacement housing needs of both public and 6

HUD-assisted housing and to transform neighborhoods of 7

poverty into functioning, sustainable mixed income neigh-8

borhoods with appropriate services, schools, public assets, 9

transportation and access to jobs, $300,000,000, to re-10

main available until September 30, 2023: Provided, That 11

grant funds may be used for resident and community serv-12

ices, community development, and affordable housing 13

needs in the community, and for conversion of vacant or 14

foreclosed properties to affordable housing: Provided fur-15

ther, That the use of funds made available under this 16

heading shall not be deemed to be public housing notwith-17

standing section 3(b)(1) of such Act: Provided further, 18

That grantees shall commit to an additional period of af-19

fordability determined by the Secretary of not fewer than 20

20 years: Provided further, That grantees shall provide a 21

match in State, local, other Federal or private funds: Pro-22

vided further, That grantees may include local govern-23

ments, tribal entities, public housing authorities, and non-24

profits: Provided further, That for-profit developers may 25


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apply jointly with a public entity: Provided further, That 1

for purposes of environmental review, a grantee shall be 2

treated as a public housing agency under section 26 of 3

the United States Housing Act of 1937 (42 U.S.C. 4

1437x), and grants under this heading shall be subject 5

to the regulations issued by the Secretary to implement 6

such section: Provided further, That of the amount pro-7

vided, not less than $150,000,000 shall be awarded to 8

public housing agencies: Provided further, That such 9

grantees shall create partnerships with other local organi-10

zations including assisted housing owners, service agen-11

cies, and resident organizations: Provided further, That 12

the Secretary shall consult with the Secretaries of Edu-13

cation, Labor, Transportation, Health and Human Serv-14

ices, Agriculture, and Commerce, the Attorney General, 15

and the Administrator of the Environmental Protection 16

Agency to coordinate and leverage other appropriate Fed-17

eral resources: Provided further, That no more than 18

$5,000,000 of funds made available under this heading 19

may be provided as grants to undertake comprehensive 20

local planning with input from residents and the commu-21

nity: Provided further, That unobligated balances, includ-22

ing recaptures, remaining from funds appropriated under 23

the heading ‘‘Revitalization of Severely Distressed Public 24

Housing (HOPE VI)’’ in fiscal year 2011 and prior fiscal 25


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years may be used for purposes under this heading, not-1

withstanding the purposes for which such amounts were 2

appropriated: Provided further, That the Secretary shall 3

issue the Notice of Funding Availability for funds made 4

available under this heading no later than 120 days after 5

enactment of this Act: Provided further, That the Sec-6

retary shall make grant awards no later than one year 7

from the date of enactment of this Act in such amounts 8

that the Secretary determines: Provided further, That not-9

withstanding section 24(o) of the United States Housing 10

Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, 11

until September 30, 2023, obligate any available unobli-12

gated balances made available under this heading in this, 13

or any prior Act. 14

SELF-SUFFICIENCY PROGRAMS 15

For activities and assistance related to Self-Suffi-16

ciency Programs, to remain available until September 30, 17

2023, $150,000,000: Provided, That the amounts made 18

available under this heading are provided as follows: 19

(1) $100,000,000 shall be for the Family Self- 20

Sufficiency program to support family self-suffi-21

ciency coordinators under section 23 of the United 22

States Housing Act of 1937 (42 U.S.C. 1437u), to 23

promote the development of local strategies to co-24

ordinate the use of assistance under sections 8 and 25


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9 of such Act with public and private resources, and 1

enable eligible families to achieve economic inde-2

pendence and self-sufficiency: Provided, That the 3

Secretary may, by Federal Register notice, waive or 4

specify alternative requirements under subsections 5

(b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such 6

Act in order to facilitate the operation of a unified 7

self-sufficiency program for individuals receiving as-8

sistance under different provisions of the Act, as de-9

termined by the Secretary: Provided further, That 10

owners of a privately owned multifamily property 11

with a section 8 contract may voluntarily make a 12

Family Self-Sufficiency program available to the as-13

sisted tenants of such property in accordance with 14

procedures established by the Secretary: Provided 15

further, That such procedures established pursuant 16

to the previous proviso shall permit participating 17

tenants to accrue escrow funds in accordance with 18

section 23(d)(2) and shall allow owners to use fund-19

ing from residual receipt accounts to hire coordina-20

tors for their own Family Self-Sufficiency program; 21

(2) $35,000,000 shall be for the Resident Op-22

portunity and Self-Sufficiency program to provide 23

for supportive services, service coordinators, and 24

congregate services as authorized by section 34 of 25


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the United States Housing Act of 1937 (42 U.S.C. 1

1437z-6) and the Native American Housing Assist-2

ance and Self-Determination Act of 1996 (25 U.S.C. 3

4101 et seq.); and 4

(3) $15,000,000 shall be for a Jobs-Plus initia-5

tive, modeled after the Jobs-Plus demonstration: 6

Provided, That funding provided under this para-7

graph shall be available for competitive grants to 8

partnerships between public housing authorities, 9

local workforce investment boards established under 10

section 107 of the Workforce Innovation and Oppor-11

tunity Act of 2014 (29 U.S.C. 3122), and other 12

agencies and organizations that provide support to 13

help public housing residents obtain employment and 14

increase earnings: Provided further, That applicants 15

must demonstrate the ability to provide services to 16

residents, partner with workforce investment boards, 17

and leverage service dollars: Provided further, That 18

the Secretary may allow public housing agencies to 19

request exemptions from rent and income limitation 20

requirements under sections 3 and 6 of the United 21

States Housing Act of 1937 (42 U.S.C. 1437a, 22

1437d), as necessary to implement the Jobs-Plus 23

program, on such terms and conditions as the Sec-24

retary may approve upon a finding by the Secretary 25


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that any such waivers or alternative requirements 1

are necessary for the effective implementation of the 2

Jobs-Plus initiative as a voluntary program for resi-3

dents: Provided further, That the Secretary shall 4

publish by notice in the Federal Register any waiv-5

ers or alternative requirements pursuant to the pre-6

ceding proviso no later than 10 days before the ef-7

fective date of such notice: Provided further, That 8

for funds provided under this paragraph, the limita-9

tion in section 9(g)(1) of the United States Housing 10

Act of 1937 shall be 25 percent: Provided further, 11

That the Secretary may waive the limitation in the 12

previous proviso to allow public housing agencies to 13

fund activities authorized under section 9(e)(1)(C) 14

of such Act: Provided further, That the Secretary 15

shall notify public housing agencies requesting waiv-16

ers under the previous proviso if the request is ap-17

proved or denied within 14 days of submitting the 18

request: Provided further, That from the funds made 19

available under this heading, the Secretary shall pro-20

vide bonus awards in fiscal year 2020 to public 21

housing agencies that are designated high per-22

formers: Provided further, That the Department 23

shall notify public housing agencies of their formula 24

allocation within 60 days of enactment of this Act. 25


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NATIVE AMERICAN PROGRAMS 1


For activities and assistance authorized under title 3

I of the Native American Housing Assistance and Self- 4

Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 5

et seq.), title I of the Housing and Community Develop-6

ment Act of 1974 with respect to Indian tribes (42 U.S.C. 7

5306(a)(1)), and related training and technical assistance, 8


2024, unless otherwise specified: Provided, That amounts 10

made available under this heading are provided as follows: 11

(1) $671,000,000 shall be for the Native Amer-12

ican Housing Block Grants program, as authorized 13

under title I of NAHASDA: Provided, That, not-14

withstanding NAHASDA, to determine the amount 15

of the allocation under title I of such Act for each 16

Indian tribe, the Secretary shall apply the formula 17

under section 302 of such Act with the need compo-18

nent based on single-race census data and with the 19

need component based on multi-race census data, 20

and the amount of the allocation for each Indian 21

tribe shall be the greater of the two resulting alloca-22

tion amounts: Provided further, That the Depart-23

ment shall notify grantees of their formula allocation 24

within 60 days of the date of enactment of this Act; 25


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(2) $2,000,000 shall be for the cost of guaran-1

teed notes and other obligations, as authorized by 2

title VI of NAHASDA: Provided, That such costs, 3

including the costs of modifying such notes and 4

other obligations, shall be as defined in section 502 5

of the Congressional Budget Act of 1974, as amend-6

ed: Provided further, That these funds are available 7

to subsidize the total principal amount of any notes 8

and other obligations, any part of which is to be 9

guaranteed, not to exceed $32,000,000; 10

(3) $100,000,000 shall be for competitive 11

grants under the Native American Housing Block 12

Grants program, as authorized under title I of 13

NAHASDA: Provided, That the Secretary shall obli-14

gate this additional amount for competitive grants to 15

eligible recipients authorized under NAHASDA that 16

apply for funds: Provided further, That in awarding 17

this additional amount, the Secretary shall consider 18

need and administrative capacity, and shall give pri-19

ority to projects that will spur construction and re-20

habilitation: Provided further, That a grant funded 21

pursuant to this paragraph shall be not greater than 22

$10,000,000: Provided further, That up to 1 percent 23

of this additional amount may be transferred, in ag-24

gregate, to the Office of Public and Indian Housing 25


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under paragraph (1) of the heading ‘‘Program Office 1

Salaries and Expenses’’ for necessary costs of ad-2

ministering and overseeing the obligation and ex-3

penditure of this additional amount: Provided fur-4

ther, That any funds transferred pursuant to this 5

paragraph shall remain available until September 6

30, 2025; 7

(4) $75,000,000 shall be for grants to Indian 8

tribes for carrying out the Indian Community Devel-9

opment Block Grant program under title I of the 10

Housing and Community Development Act of 1974, 11

notwithstanding section 106(a)(1) of such Act, of 12

which, notwithstanding any other provision of law 13

(including section 203 of this Act), up to $5,000,000 14

may be used for emergencies that constitute immi-15

nent threats to health and safety: Provided, That 16

not to exceed 20 percent of any grant made with 17

funds appropriated under this paragraph shall be ex-18

pended for planning and management development 19

and administration: Provided further, That funds 20

provided under this paragraph shall remain available 21

until September 30, 2022; and 22

(5) $7,000,000 shall be for providing training 23

and technical assistance to Indian tribes, Indian 24

housing authorities and tribally designated housing 25


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entities, to support the inspection of Indian housing 1

units, contract expertise, and for training and tech-2

nical assistance related to funding provided under 3

this heading and other headings under this Act for 4

the needs of Native American families and Indian 5

country: Provided, That of the funds made available 6

under this paragraph, not less than $2,000,000 shall 7

be available for a national organization as author-8

ized under section 703 of NAHASDA (25 U.S.C. 9

4212): Provided further, That notwithstanding the 10

provisions of the Federal Grant and Cooperative 11

Agreements Act of 1977 (31 U.S.C. 6301-6308), the 12

amounts made available under this paragraph may 13

be used by the Secretary to enter into cooperative 14

agreements with public and private organizations, 15

agencies, institutions, and other technical assistance 16

providers to support the administration of negotiated 17

rulemaking under section 106 of NAHASDA (25 18

U.S.C. 4116), the administration of the allocation 19

formula under section 302 of NAHASDA (25 20

U.S.C. 4152), and the administration of perform-21

ance tracking and reporting under section 407 of 22

NAHASDA (25 U.S.C. 4167). 23


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INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 1

ACCOUNT 2

For the cost of guaranteed loans, as authorized by 3

section 184 of the Housing and Community Development 4

Act of 1992 (12 U.S.C. 1715z–13a), $2,500,000, to re-5

main available until expended: Provided, That such costs, 6

including the costs of modifying such loans, shall be as 7

defined in section 502 of the Congressional Budget Act 8

of 1974: Provided further, That these funds are available 9

to subsidize total loan principal, any part of which is to 10

be guaranteed, up to $1,000,000,000, to remain available 11

until expended: Provided further, That up to $500,000 of 12

this amount may be for administrative contract expenses 13

including management processes and systems to carry out 14

the loan guarantee program. 15

NATIVE HAWAIIAN HOUSING BLOCK GRANT 16

For the Native Hawaiian Housing Block Grant pro-17

gram, as authorized under title VIII of the Native Amer-18

ican Housing Assistance and Self-Determination Act of 19

1996 (25 U.S.C. 4111 et seq.), $2,500,000, to remain 20

available until September 30, 2024: Provided, That not-21

withstanding section 812(b) of such Act, the Department 22

of Hawaiian Home Lands may not invest grant amounts 23

provided under this heading in investment securities and 24

other obligations: Provided further, That amounts made 25


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available under this heading in this and prior fiscal years 1

may be used to provide rental assistance to eligible Native 2

Hawaiian families both on and off the Hawaiian Home 3

Lands, notwithstanding any other provision of law. 4

COMMUNITY PLANNING AND DEVELOPMENT 5

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 6

For carrying out the Housing Opportunities for Per-7

sons with AIDS program, as authorized by the AIDS 8

Housing Opportunity Act (42 U.S.C. 12901 et seq.), 9


2021, except that amounts allocated pursuant to section 11

854(c)(5) of such Act shall remain available until Sep-12

tember 30, 2022: Provided, That the Secretary shall renew 13

all expiring contracts for permanent supportive housing 14

that initially were funded under section 854(c)(5) of such 15

Act from funds made available under this heading in fiscal 16

year 2010 and prior fiscal years that meet all program 17

requirements before awarding funds for new contracts 18

under such section: Provided further, That the Depart-19

ment shall notify grantees of their formula allocation with-20

in 60 days of enactment of this Act. 21

COMMUNITY DEVELOPMENT FUND 22

For carrying out the community development block 23

grant program under title I of the Housing and Commu-24

nity Development Act of 1974, as amended (42 U.S.C. 25


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5301 et seq.)(‘‘the Act’’ herein), $3,600,000,000, to re-1

main available until September 30, 2022, unless otherwise 2

specified: Provided, That unless explicitly provided for 3

under this heading, not to exceed 20 percent of any grant 4

made with funds appropriated under this heading shall be 5

expended for planning and management development and 6

administration: Provided further, That a metropolitan city, 7

urban county, unit of general local government, or insular 8

area that directly or indirectly receives funds under this 9

heading may not sell, trade, or otherwise transfer all or 10

any portion of such funds to another such entity in ex-11

change for any other funds, credits or non-Federal consid-12

erations, but must use such funds for activities eligible 13

under title I of the Act: Provided further, That notwith-14

standing section 105(e)(1) of the Act, no funds provided 15

under this heading may be provided to a for-profit entity 16

for an economic development project under section 17

105(a)(17) unless such project has been evaluated and se-18

lected in accordance with guidelines required under sub-19

section (e)(2): Provided further, That the Department 20

shall notify grantees of their formula allocation within 60 21

days of enactment of this Act. 22


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COMMUNITY DEVELOPMENT LOAN GUARANTEES 1

PROGRAM ACCOUNT 2

Subject to section 502 of the Congressional Budget 3

Act of 1974, during fiscal year 2020, commitments to 4

guarantee loans under section 108 of the Housing and 5

Community Development Act of 1974 (42 U.S.C. 5308), 6

any part of which is guaranteed, shall not exceed a total 7

principal amount of $300,000,000, notwithstanding any 8

aggregate limitation on outstanding obligations guaran-9

teed in subsection (k) of such section 108: Provided, That 10

the Secretary shall collect fees from borrowers, notwith-11

standing subsection (m) of such section 108, to result in 12

a credit subsidy cost of zero for guaranteeing such loans, 13

and any such fees shall be collected in accordance with 14

section 502(7) of the Congressional Budget Act of 1974: 15

Provided further, That such commitment authority funded 16

by fees may be used to guarantee, or make commitments 17

to guarantee, notes or other obligations issued by any 18

State on behalf of non-entitlement communities in the 19

State in accordance with the requirements of such section 20

108: Provided further, That any State receiving such a 21

guarantee or commitment under the previous proviso shall 22

distribute all funds subject to such guarantee to the units 23

of general local government in nonentitlement areas that 24

received the commitment. 25


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HOME INVESTMENT PARTNERSHIPS PROGRAM 1

For the HOME Investment Partnerships program, as 2

authorized under title II of the Cranston-Gonzalez Na-3

tional Affordable Housing Act, as amended, 4

$1,750,000,000, to remain available until September 30, 5

2023: Provided, That notwithstanding the amount made 6

available under this heading, the threshold reduction re-7

quirements in sections 216(10) and 217(b)(4) of such Act 8

(42 U.S.C. 12746(10), 12747(b)(4)) shall not apply to al-9

locations of such amount: Provided further, That the De-10

partment shall notify grantees of their formula allocation 11

within 60 days of enactment of this Act: Provided further, 12

That section 218(g) of such Act (42 U.S.C. 12748(g)) 13

shall not apply with respect to the right of a jurisdiction 14

to draw funds from its HOME Investment Trust Fund 15

that otherwise expired or would expire in 2016, 2017, 16

2018, 2019, 2020, 2021, or 2022 under that section: Pro-17

vided further, That section 231(b) of such Act (42 U.S.C. 18

12771(b)) shall not apply to any uninvested funds that 19

otherwise were deducted or would be deducted from the 20

line of credit in the participating jurisdiction’s HOME In-21

vestment Trust Fund in 2018, 2019, 2020, 2021, or 2022 22

under that section and the funds shall be invested only 23

in housing to be developed, sponsored, or owned by com-24

munity housing development organizations. 25


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SELF-HELP AND ASSISTED HOMEOWNERSHIP 1

OPPORTUNITY PROGRAM 2

For the Self-Help and Assisted Homeownership Op-3

portunity Program, as authorized under section 11 of the 4

Housing Opportunity Program Extension Act of 1996, as 5

amended, $55,000,000, to remain available until Sep-6

tember 30, 2022: Provided, That of the total amount pro-7

vided under this heading, $10,000,000 shall be made 8

available to the Self-Help Homeownership Opportunity 9

Program as authorized under section 11 of the Housing 10

Opportunity Program Extension Act of 1996, as amended: 11

Provided further, That of the total amount provided under 12

this heading, $40,000,000 shall be made available for the 13

second, third, and fourth capacity building activities au-14

thorized under section 4(a) of the HUD Demonstration 15

Act of 1993 (42 U.S.C. 9816 note), of which not less than 16

$5,000,000 shall be made available for rural capacity 17

building activities: Provided further, That of the total 18

amount provided under this heading, $5,000,000 shall be 19

made available for capacity building by national rural 20

housing organizations with experience assessing national 21

rural conditions and providing financing, training, tech-22

nical assistance, information, and research to local non-23

profits, local governments, and Indian Tribes serving high 24

need rural communities. 25


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HOMELESS ASSISTANCE GRANTS 1

For the Emergency Solutions Grants program as au-2

thorized under subtitle B of title IV of the McKinney- 3

Vento Homeless Assistance Act, as amended; the Con-4

tinuum of Care program as authorized under subtitle C 5

of title IV of such Act; and the Rural Housing Stability 6

Assistance program as authorized under subtitle D of title 7

IV of such Act, $2,800,000,000, to remain available until 8

September 30, 2022: Provided, That not less than 9

$290,000,000 of the funds appropriated under this head-10

ing shall be available for such Emergency Solutions 11

Grants program: Provided further, That not less than 12

$2,344,000,000 of the funds appropriated under this 13

heading shall be available for such Continuum of Care and 14

Rural Housing Stability Assistance programs: Provided 15

further, That of the amounts made available under this 16

heading, up to $50,000,000 shall be made available for 17

grants for rapid re-housing projects and supportive service 18

projects providing coordinated entry, and for eligible ac-19

tivities the Secretary determines to be critical in order to 20

assist survivors of domestic violence, sexual assault, dating 21

violence, and stalking: Provided further, That such 22

projects shall be eligible for renewal under the continuum 23

of care program subject to the same terms and conditions 24

as other renewal applicants: Provided further, That up to 25


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$7,000,000 of the funds appropriated under this heading 1

shall be available for the national homeless data analysis 2

project: Provided further, That for all match requirements 3

applicable to funds made available under this heading for 4

this fiscal year and prior fiscal years, a grantee may use 5

(or could have used) as a source of match funds other 6

funds administered by the Secretary and other Federal 7

agencies unless there is (or was) a specific statutory prohi-8

bition on any such use of any such funds: Provided further, 9

That none of the funds provided under this heading shall 10

be available to provide funding for new projects, except 11

for projects created through reallocation, unless the Sec-12

retary determines that the continuum of care has dem-13

onstrated that projects are evaluated and ranked based 14

on the degree to which they improve the continuum of 15

care’s system performance: Provided further, That the 16

Secretary shall prioritize funding under the Continuum of 17

Care program to continuums of care that have dem-18

onstrated a capacity to reallocate funding from lower per-19

forming projects to higher performing projects: Provided 20

further, That all awards of assistance under this heading 21

shall be required to coordinate and integrate homeless pro-22

grams with other mainstream health, social services, and 23

employment programs for which homeless populations 24

may be eligible: Provided further, That any unobligated 25


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amounts remaining from funds appropriated under this 1

heading in fiscal year 2012 and prior years for project- 2

based rental assistance for rehabilitation projects with 10- 3

year grant terms may be used for purposes under this 4

heading, notwithstanding the purposes for which such 5

funds were appropriated: Provided further, That all bal-6

ances for Shelter Plus Care renewals previously funded 7

from the Shelter Plus Care Renewal account and trans-8

ferred to this account shall be available, if recaptured, for 9

Continuum of Care renewals in fiscal year 2020: Provided 10

further, That the Department shall notify grantees of their 11

formula allocation from amounts allocated (which may 12

represent initial or final amounts allocated) for the Emer-13

gency Solutions Grant program within 60 days of enact-14

ment of this Act: Provided further, That up to 15

$100,000,000 of the funds appropriated under this head-16

ing shall be to implement projects to demonstrate how a 17

comprehensive approach to serving homeless youth, age 24 18

and under, in up to 25 communities can dramatically re-19

duce youth homelessness: Provided further, That of the 20

amount made available under the previous proviso, up to 21

$10,000,000 shall be available to provide technical assist-22

ance on improving system responses to youth homeless-23

ness, and collection, analysis, use, and reporting of data 24

and performance measures under the comprehensive ap-25


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proaches to serve homeless youth, in addition to and in 1

coordination with other technical assistance funds pro-2

vided under this title: Provided further, That the Secretary 3

may use up to 10 percent of the amount made available 4

under the previous proviso to build the capacity of current 5

technical assistance providers or to train new technical as-6

sistance providers with verifiable prior experience with sys-7

tems and programs for youth experiencing homelessness: 8

Provided further, That such projects shall be eligible for 9

renewal under the continuum of care program subject to 10

the same terms and conditions as other renewal appli-11

cants: Provided further, That youth aged 24 and under 12

seeking assistance under this heading shall not be required 13

to provide third party documentation to establish their eli-14

gibility under 42 U.S.C. 11302(a) or (b) to receive serv-15

ices: Provided further, That unaccompanied youth aged 24 16

and under or families headed by youth aged 24 and under 17

who are living in unsafe situations may be served by 18

youth-serving providers funded under this heading: Pro-19

vided further, That the Secretary shall consider and award 20

projects based solely on the selection criteria from the fis-21

cal year 2018 Notice of Funding Availability. 22


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HOUSING PROGRAMS 1

PROJECT-BASED RENTAL ASSISTANCE 2

For activities and assistance for the provision of 3

project-based subsidy contracts under the United States 4

Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 5

Act’’), not otherwise provided for, $12,190,000,000, to re-6

main available until expended, shall be available on Octo-7

ber 1, 2019 (in addition to the $400,000,000 previously 8

appropriated under this heading that became available Oc-9

tober 1, 2019), and $400,000,000, to remain available 10

until expended, shall be available on October 1, 2020: Pro-11

vided, That the amounts made available under this head-12

ing shall be available for expiring or terminating section 13

8 project-based subsidy contracts (including section 8 14

moderate rehabilitation contracts), for amendments to sec-15

tion 8 project-based subsidy contracts (including section 16

8 moderate rehabilitation contracts), for contracts entered 17

into pursuant to section 441 of the McKinney-Vento 18

Homeless Assistance Act (42 U.S.C. 11401), for renewal 19

of section 8 contracts for units in projects that are subject 20

to approved plans of action under the Emergency Low In-21

come Housing Preservation Act of 1987 or the Low-In-22

come Housing Preservation and Resident Homeownership 23

Act of 1990, and for administrative and other expenses 24

associated with project-based activities and assistance 25


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funded under this paragraph: Provided further, That of 1

the total amounts provided under this heading, not to ex-2

ceed $345,000,000 shall be available for performance- 3

based contract administrators for section 8 project-based 4

assistance, for carrying out 42 U.S.C. 1437(f): Provided 5

further, That the Secretary may also use such amounts 6

in the previous proviso for performance-based contract ad-7

ministrators for the administration of: interest reduction 8

payments pursuant to section 236(a) of the National 9

Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 10

payments pursuant to section 101 of the Housing and 11

Urban Development Act of 1965 (12 U.S.C. 1701s); sec-12

tion 236(f)(2) rental assistance payments (12 U.S.C. 13

1715z–1(f)(2)); project rental assistance contracts for the 14

elderly under section 202(c)(2) of the Housing Act of 15

1959 (12 U.S.C. 1701q); project rental assistance con-16

tracts for supportive housing for persons with disabilities 17

under section 811(d)(2) of the Cranston-Gonzalez Na-18

tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 19

project assistance contracts pursuant to section 202(h) of 20

the Housing Act of 1959 (Public Law 86–372; 73 Stat. 21

667); and loans under section 202 of the Housing Act of 22

1959 (Public Law 86–372; 73 Stat. 667): Provided fur-23

ther, That amounts recaptured under this heading, the 24

heading ‘‘Annual Contributions for Assisted Housing’’, or 25


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the heading ‘‘Housing Certificate Fund’’, may be used for 1

renewals of or amendments to section 8 project-based con-2

tracts or for performance-based contract administrators, 3

notwithstanding the purposes for which such amounts 4

were appropriated: Provided further, That, notwith-5

standing any other provision of law, upon the request of 6

the Secretary, project funds that are held in residual re-7

ceipts accounts for any project subject to a section 8 8

project-based Housing Assistance Payments contract that 9

authorizes HUD or a Housing Finance Agency to require 10

that surplus project funds be deposited in an interest- 11

bearing residual receipts account and that are in excess 12

of an amount to be determined by the Secretary, shall be 13

remitted to the Department and deposited in this account, 14

to be available until expended: Provided further, That 15

amounts deposited pursuant to the previous proviso shall 16

be available in addition to the amount otherwise provided 17

by this heading for uses authorized under this heading. 18

HOUSING FOR THE ELDERLY 19

For capital advances, including amendments to cap-20

ital advance contracts, for housing for the elderly, as au-21

thorized by section 202 of the Housing Act of 1959, as 22

amended, for project rental assistance for the elderly 23

under section 202(c)(2) of such Act, including amend-24

ments to contracts for such assistance and renewal of ex-25


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piring contracts for such assistance for up to a 1-year 1

term, for senior preservation rental assistance contracts, 2

including renewals, as authorized by section 811(e) of the 3

American Housing and Economic Opportunity Act of 4

2000, as amended, and for supportive services associated 5

with the housing, $803,000,000, to remain available until 6

September 30, 2023: Provided, That of the amount pro-7

vided under this heading, up to $95,000,000 shall be for 8

service coordinators and the continuation of existing con-9

gregate service grants for residents of assisted housing 10

projects: Provided further, That amounts under this head-11

ing shall be available for Real Estate Assessment Center 12

inspections and inspection-related activities associated 13

with section 202 projects: Provided further, That the Sec-14

retary may waive the provisions of section 202 governing 15

the terms and conditions of project rental assistance, ex-16

cept that the initial contract term for such assistance shall 17

not exceed 5 years in duration: Provided further, That 18

upon request of the Secretary, project funds that are held 19

in residual receipts accounts for any project subject to a 20

section 202 project rental assistance contract and, upon 21

termination of such contract, are in excess of an amount 22

to be determined by the Secretary shall be remitted to the 23

Department and deposited in this account, to remain 24

available until September 30, 2023: Provided further, That 25


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amounts deposited in this account pursuant to the pre-1

vious proviso shall be available, in addition to the amounts 2

otherwise provided by this heading, for amendments and 3

renewals: Provided further, That unobligated balances, in-4

cluding recaptures and carryover, remaining from funds 5

transferred to or appropriated under this heading shall be 6

available for amendments and renewals in addition to the 7

purposes for which such funds originally were appro-8

priated: Provided further, That of the total amount pro-9

vided under this heading, $10,000,000, shall be for a pro-10

gram to be established by the Secretary to make grants 11

to experienced non-profit organizations, States, local gov-12

ernments, or public housing agencies for safety and func-13

tional home modification repairs to meet the needs of low- 14

income elderly persons to enable them to remain in their 15

primary residence: Provided further, That of the total 16

amount made available under the previous proviso, no less 17

than $5,000,000 shall be available to meet such needs in 18

communities with substantial rural populations. 19

HOUSING FOR PERSONS WITH DISABILITIES 20

For capital advances, including amendments to cap-21

ital advance contracts, for supportive housing for persons 22

with disabilities, as authorized by section 811 of the Cran-23

ston-Gonzalez National Affordable Housing Act (42 24

U.S.C. 8013), as amended, for project rental assistance 25


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for supportive housing for persons with disabilities under 1

section 811(d)(2) of such Act, for project assistance con-2

tracts pursuant to section 202(h) of the Housing Act of 3

1959 (Public Law 86–372; 73 Stat. 667), including 4

amendments to contracts for such assistance and renewal 5

of expiring contracts for such assistance for up to a 1- 6

year term, for project rental assistance to State housing 7

finance agencies and other appropriate entities as author-8

ized under section 811(b)(3) of the Cranston-Gonzalez 9

National Housing Act, and for supportive services associ-10

ated with the housing for persons with disabilities as au-11

thorized by section 811(b)(1) of such Act, $258,510,000, 12

to remain available until September 30, 2023: Provided, 13

That amounts made available under this heading shall be 14

available for Real Estate Assessment Center inspections 15

and inspection-related activities associated with section 16

811 projects: Provided further, That, upon the request of 17

the Secretary, project funds that are held in residual re-18

ceipts accounts for any project subject to a section 811 19

project rental assistance contract and, upon termination 20

of such contract, are in excess of an amount to be deter-21

mined by the Secretary shall be remitted to the Depart-22

ment and deposited in this account, to remain available 23

until September 30, 2023: Provided further, That amounts 24

deposited in this account pursuant to the previous proviso 25


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shall be available in addition to the amounts otherwise 1

provided by this heading for amendments and renewals: 2

Provided further, That unobligated balances, including re-3

captures and carryover, remaining from funds transferred 4

to or appropriated under this heading shall be used for 5

amendments and renewals in addition to the purposes for 6

which such funds originally were appropriated. 7

HOUSING COUNSELING ASSISTANCE 8

For contracts, grants, and other assistance excluding 9

loans, as authorized under section 106 of the Housing and 10

Urban Development Act of 1968, as amended, 11


2021, including up to $4,500,000 for administrative con-13

tract services: Provided, That grants made available from 14

amounts provided under this heading shall be awarded 15

within 180 days of enactment of this Act: Provided further, 16

That funds shall be used for providing counseling and ad-17

vice to tenants and homeowners, both current and pro-18

spective, with respect to property maintenance, financial 19

management or literacy, and such other matters as may 20

be appropriate to assist them in improving their housing 21

conditions, meeting their financial needs, and fulfilling the 22

responsibilities of tenancy or homeownership; for program 23

administration; and for housing counselor training: Pro-24

vided further, That for purposes of providing such grants 25


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from amounts provided under this heading, the Secretary 1

may enter into multiyear agreements, as appropriate, sub-2

ject to the availability of annual appropriations. 3

RENTAL HOUSING ASSISTANCE 4

For amendments to contracts under section 101 of 5

the Housing and Urban Development Act of 1965 (12 6

U.S.C. 1701s) and section 236(f)(2) of the National 7

Housing Act (12 U.S.C. 1715z–1) in State-aided, non-8

insured rental housing projects, $3,000,000, to remain 9

available until expended: Provided, That such amount, to-10

gether with unobligated balances from recaptured 11

amounts appropriated prior to fiscal year 2006 from ter-12

minated contracts under such sections of law, and any un-13

obligated balances, including recaptures and carryover, re-14

maining from funds appropriated under this heading after 15

fiscal year 2005, shall also be available for extensions of 16

up to one year for expiring contracts under such sections 17

of law. 18

PAYMENT TO MANUFACTURED HOUSING FEES TRUST 19

FUND 20

For necessary expenses as authorized by the National 21

Manufactured Housing Construction and Safety Stand-22

ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 23

$12,400,000, to remain available until expended, of which 24

$12,400,000 is to be derived from the Manufactured 25


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Housing Fees Trust Fund: Provided, That not to exceed 1

the total amount appropriated under this heading shall be 2

available from the general fund of the Treasury to the ex-3

tent necessary to incur obligations and make expenditures 4

pending the receipt of collections to the Fund pursuant 5

to section 620 of such Act: Provided further, That the 6

amount made available under this heading from the gen-7

eral fund shall be reduced as such collections are received 8

during fiscal year 2020 so as to result in a final fiscal 9

year 2020 appropriation from the general fund estimated 10

at zero, and fees pursuant to such section 620 shall be 11

modified as necessary to ensure such a final fiscal year 12

2020 appropriation: Provided further, That for the dispute 13

resolution and installation programs, the Secretary of 14

Housing and Urban Development may assess and collect 15

fees from any program participant: Provided further, That 16

such collections shall be deposited into the Fund, and the 17

Secretary, as provided herein, may use such collections, 18

as well as fees collected under section 620, for necessary 19

expenses of such Act: Provided further, That, notwith-20

standing the requirements of section 620 of such Act, the 21

Secretary may carry out responsibilities of the Secretary 22

under such Act through the use of approved service pro-23

viders that are paid directly by the recipients of their serv-24

ices. 25


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FEDERAL HOUSING ADMINISTRATION 1

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 2

New commitments to guarantee single family loans 3

insured under the Mutual Mortgage Insurance Fund shall 4

not exceed $400,000,000,000, to remain available until 5

September 30, 2021: Provided, That during fiscal year 6

2020, obligations to make direct loans to carry out the 7

purposes of section 204(g) of the National Housing Act, 8

as amended, shall not exceed $1,000,000: Provided fur-9

ther, That the foregoing amount in the previous proviso 10

shall be for loans to nonprofit and governmental entities 11

in connection with sales of single family real properties 12

owned by the Secretary and formerly insured under the 13

Mutual Mortgage Insurance Fund: Provided further, That 14

for administrative contract expenses of the Federal Hous-15

ing Administration, $130,000,000, to remain available 16

until September 30, 2021: Provided further, That to the 17

extent guaranteed loan commitments exceed 18

$200,000,000,000 on or before April 1, 2020, an addi-19

tional $1,400 for administrative contract expenses shall be 20

available for each $1,000,000 in additional guaranteed 21

loan commitments (including a pro rata amount for any 22

amount below $1,000,000), but in no case shall funds 23

made available by this proviso exceed $30,000,000: Pro-24

vided further, That notwithstanding the limitation in the 25


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first sentence of section 255(g) of the National Housing 1

Act (12 U.S.C. 1715z–20(g)), during fiscal year 2020 the 2

Secretary may insure and enter into new commitments to 3

insure mortgages under section 255 of the National Hous-4

ing Act only to the extent that the net credit subsidy cost 5

for such insurance does not exceed zero: Provided further, 6

That for fiscal year 2020, the Secretary shall not take any 7

action against a lender solely on the basis of compare ra-8

tios that have been adversely affected by defaults on mort-9

gages secured by properties in areas where a major dis-10

aster was declared in 2017 or 2018 pursuant to the Rob-11

ert T. Stafford Disaster Relief and Emergency Assistance 12

Act (42 U.S.C. 5121 et seq.). 13

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 14

New commitments to guarantee loans insured under 15

the General and Special Risk Insurance Funds, as author-16

ized by sections 238 and 519 of the National Housing Act 17

(12 U.S.C. 1715z–3 and 1735c), shall not exceed 18

$30,000,000,000 in total loan principal, any part of which 19

is to be guaranteed, to remain available until September 20

30, 2021: Provided, That during fiscal year 2020, gross 21

obligations for the principal amount of direct loans, as au-22

thorized by sections 204(g), 207(l), 238, and 519(a) of 23

the National Housing Act, shall not exceed $1,000,000, 24

which shall be for loans to nonprofit and governmental en-25


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tities in connection with the sale of single family real prop-1

erties owned by the Secretary and formerly insured under 2

such Act. 3

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 4

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN 5

GUARANTEE PROGRAM ACCOUNT 6

New commitments to issue guarantees to carry out 7

the purposes of section 306 of the National Housing Act, 8

as amended (12 U.S.C. 1721(g)), shall not exceed 9

$550,000,000,000, to remain available until September 10

30, 2021: Provided, That $27,000,000, to remain avail-11

able until September 30, 2021, shall be for necessary sala-12

ries and expenses of the Office of Government National 13

Mortgage Association: Provided further, That to the extent 14

that guaranteed loan commitments exceed 15

$155,000,000,000 on or before April 1, 2020, an addi-16

tional $100 for necessary salaries and expenses shall be 17

available until expended for each $1,000,000 in additional 18

guaranteed loan commitments (including a pro rata 19

amount for any amount below $1,000,000), but in no case 20

shall funds made available by this proviso exceed 21

$3,000,000: Provided further, That receipts from Commit-22

ment and Multiclass fees collected pursuant to title III of 23

the National Housing Act, as amended, shall be credited 24

as offsetting collections to this account. 25


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POLICY DEVELOPMENT AND RESEARCH 1

RESEARCH AND TECHNOLOGY 2

For contracts, grants, and necessary expenses of pro-3

grams of research and studies relating to housing and 4

urban problems, as authorized by title V of the Housing 5

and Urban Development Act of 1970 (12 U.S.C. 1701z– 6

1 et seq.), including carrying out the functions of the Sec-7

retary of Housing and Urban Development under section 8

1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for 9

technical assistance, $98,000,000, to remain available 10

until September 30, 2021: Provided, That the amounts 11

made available under this heading may be used for the 12

types of research and studies otherwise provided for and 13

authorized elsewhere under this title: Provided further, 14

That with respect to amounts made available under this 15

heading, notwithstanding section 203 of this title, the Sec-16

retary may enter into cooperative agreements funded with 17

philanthropic entities, other Federal agencies, State or 18

local governments and their agencies, Indian tribes, trib-19

ally designated housing entities, or colleges or universities 20

for research projects: Provided further, That with respect 21

to the previous proviso, such partners to the cooperative 22

agreements must contribute at least a 50 percent match 23

toward the cost of the project: Provided further, That for 24

non-competitive agreements entered into in accordance 25


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with the previous two provisos, the Secretary of Housing 1

and Urban Development shall comply with section 2(b) of 2

the Federal Funding Accountability and Transparency 3

Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu 4

of compliance with section 102(a)(4)(C) with respect to 5

documentation of award decisions: Provided further, That 6

prior to obligation of technical assistance funding, the Sec-7

retary shall submit a plan, for approval, to the House and 8

Senate Committees on Appropriations on how it will allo-9

cate funding for this activity: Provided further, That none 10

of the funds provided under this heading may be available 11

for the doctoral dissertation research grant program. 12

FAIR HOUSING AND EQUAL OPPORTUNITY 13

FAIR HOUSING ACTIVITIES 14

For contracts, grants, and other assistance, not oth-15

erwise provided for, as authorized by title VIII of the Civil 16

Rights Act of 1968, as amended by the Fair Housing 17

Amendments Act of 1988, and section 561 of the Housing 18

and Community Development Act of 1987, as amended, 19


2021: Provided, That grants made available from amounts 21

provided under this heading shall be awarded within 120 22

days of enactment of this Act: Provided further, That not-23

withstanding 31 U.S.C. 3302, the Secretary may assess 24

and collect fees to cover the costs of the Fair Housing 25


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Training Academy, and may use such funds to develop on- 1

line courses and provide such training: Provided further, 2

That of the funds made available under this heading, up 3

to $450,000 shall be available to the Secretary of Housing 4

and Urban Development for the creation and promotion 5

of translated materials and other programs that support 6

the assistance of persons with limited English proficiency 7

in utilizing the services provided by the Department of 8

Housing and Urban Development. 9

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY 10

HOMES 11

LEAD HAZARD REDUCTION 12

For the Lead Hazard Reduction Program, as author-13

ized by section 1011 of the Residential Lead-Based Paint 14

Hazard Reduction Act of 1992, $290,000,000, to remain 15

available until September 30, 2022, of which $56,000,000 16

shall be for the Healthy Homes Initiative, pursuant to sec-17

tions 501 and 502 of the Housing and Urban Develop-18

ment Act of 1970, which shall include research, studies, 19

testing, and demonstration efforts, including education 20

and outreach concerning lead-based paint poisoning and 21

other housing-related diseases and hazards: Provided, 22

That for purposes of environmental review, pursuant to 23

the National Environmental Policy Act of 1969 (42 U.S.C. 24

4321 et seq.) and other provisions of law that further the 25


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purposes of such Act, a grant under the Healthy Homes 1

Initiative, or the Lead Technical Studies program under 2

this heading or under prior appropriations Acts for such 3

purposes under this heading, shall be considered to be 4

funds for a special project for purposes of section 305(c) 5

of the Multifamily Housing Property Disposition Reform 6

Act of 1994: Provided further, That not less than 7

$95,000,000 of the amounts made available under this 8

heading for the award of grants pursuant to section 1011 9

of the Residential Lead-Based Paint Hazard Reduction 10

Act of 1992 shall be provided to areas with the highest 11

lead-based paint abatement needs: Provided further, That 12

of the amount made available for the Healthy Homes Ini-13

tiative, $5,000,000 shall be for the implementation of 14

projects in up to five communities that are served by both 15

the Healthy Homes Initiative and Department of Energy 16

weatherization programs to demonstrate whether the co-17

ordination of Healthy Homes remediation activities with 18

weatherization activities achieves cost savings and better 19

outcomes in improving the safety and quality of homes: 20

Provided further, That each applicant shall certify ade-21

quate capacity that is acceptable to the Secretary to carry 22

out the proposed use of funds pursuant to a notice of 23

funding availability: Provided further, That amounts made 24

available under this heading in this or prior appropriations 25


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Acts, still remaining available, may be used for any pur-1

pose under this heading notwithstanding the purpose for 2

which such amounts were appropriated if a program com-3

petition is undersubscribed and there are other program 4

competitions under this heading that are oversubscribed. 5

CYBERSECURITY AND INFORMATION TECHNOLOGY FUND 6

For the mitigation against the exploitation of infor-7

mation technology systems and personally identifiable in-8

formation; for the development, modernization, and en-9

hancement of, modifications to, and infrastructure for De-10

partment-wide and program-specific information tech-11

nology systems, and for the continuing operation and 12

maintenance of both Department-wide and program-spe-13

cific information systems, and for program-related mainte-14

nance activities, $300,000,000, to remain available until 15

September 30, 2021, of which $20,000,000 may be used 16

for single family information technology systems of the 17

Federal Housing Administration: Provided, That any 18

amounts transferred to this Fund under this Act shall re-19

main available until expended: Provided further, That any 20

amounts transferred to this Fund from amounts appro-21

priated by previously enacted appropriations Acts may be 22

used for the purposes specified under this Fund, in addi-23

tion to any other information technology purposes for 24

which such amounts were appropriated: Provided further, 25


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That not more than 10 percent of the funds made avail-1

able under this heading for development, modernization 2

and enhancement may be obligated until the Secretary 3

submits to the House and Senate Committees on Appro-4

priations, for approval, a plan for expenditure that—(A) 5

identifies for each modernization project: (i) the functional 6

and performance capabilities to be delivered and the mis-7

sion benefits to be realized, (ii) the estimated life-cycle 8

cost, and (iii) key milestones to be met; and (B) dem-9

onstrates that each modernization project is: (i) compliant 10

with the Department’s enterprise architecture, (ii) being 11

managed in accordance with applicable life-cycle manage-12

ment policies and guidance, (iii) subject to the Depart-13

ment’s capital planning and investment control require-14

ments, and (iv) supported by an adequately staffed project 15

office. 16


For necessary salaries and expenses of the Office of 18

Inspector General in carrying out the Inspector General 19

Act of 1978, as amended, $132,489,000: Provided, That 20

the Inspector General shall have independent authority 21

over all personnel issues within this office. 22


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GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 1

URBAN DEVELOPMENT 2


(INCLUDING RESCISSIONS) 4

SEC. 201. Fifty percent of the amounts of budget au-5

thority, or in lieu thereof 50 percent of the cash amounts 6

associated with such budget authority, that are recaptured 7

from projects described in section 1012(a) of the Stewart 8

B. McKinney Homeless Assistance Amendments Act of 9

1988 (42 U.S.C. 1437f note) shall be rescinded or in the 10

case of cash, shall be remitted to the Treasury, and such 11

amounts of budget authority or cash recaptured and not 12

rescinded or remitted to the Treasury shall be used by 13

State housing finance agencies or local governments or 14

local housing agencies with projects approved by the Sec-15

retary of Housing and Urban Development for which set-16

tlement occurred after January 1, 1992, in accordance 17

with such section. Notwithstanding the previous sentence, 18

the Secretary may award up to 15 percent of the budget 19

authority or cash recaptured and not rescinded or remitted 20

to the Treasury to provide project owners with incentives 21

to refinance their project at a lower interest rate. 22

SEC. 202. None of the amounts made available under 23

this Act may be used during fiscal year 2020 to investigate 24

or prosecute under the Fair Housing Act any otherwise 25


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lawful activity engaged in by one or more persons, includ-1

ing the filing or maintaining of a nonfrivolous legal action, 2

that is engaged in solely for the purpose of achieving or 3

preventing action by a Government official or entity, or 4

a court of competent jurisdiction. 5

SEC. 203. Except as explicitly provided in law, any 6

grant, cooperative agreement or other assistance made 7

pursuant to title II of this Act shall be made on a competi-8

tive basis and in accordance with section 102 of the De-9

partment of Housing and Urban Development Reform Act 10

of 1989 (42 U.S.C. 3545). 11

SEC. 204. Funds of the Department of Housing and 12

Urban Development subject to the Government Corpora-13

tion Control Act or section 402 of the Housing Act of 14

1950 shall be available, without regard to the limitations 15

on administrative expenses, for legal services on a contract 16

or fee basis, and for utilizing and making payment for 17

services and facilities of the Federal National Mortgage 18

Association, Government National Mortgage Association, 19

Federal Home Loan Mortgage Corporation, Federal Fi-20

nancing Bank, Federal Reserve banks or any member 21

thereof, Federal Home Loan banks, and any insured bank 22

within the meaning of the Federal Deposit Insurance Cor-23

poration Act, as amended (12 U.S.C. 1811–1). 24


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SEC. 205. Unless otherwise provided for in this Act 1

or through a reprogramming of funds, no part of any ap-2

propriation for the Department of Housing and Urban 3

Development shall be available for any program, project 4

or activity in excess of amounts set forth in the budget 5

estimates submitted to Congress. 6

SEC. 206. Corporations and agencies of the Depart-7

ment of Housing and Urban Development which are sub-8

ject to the Government Corporation Control Act are here-9

by authorized to make such expenditures, within the limits 10

of funds and borrowing authority available to each such 11

corporation or agency and in accordance with law, and to 12

make such contracts and commitments without regard to 13

fiscal year limitations as provided by section 104 of such 14

Act as may be necessary in carrying out the programs set 15

forth in the budget for 2020 for such corporation or agen-16

cy except as hereinafter provided: Provided, That collec-17

tions of these corporations and agencies may be used for 18

new loan or mortgage purchase commitments only to the 19

extent expressly provided for in this Act (unless such loans 20

are in support of other forms of assistance provided for 21

in this or prior appropriations Acts), except that this pro-22

viso shall not apply to the mortgage insurance or guaranty 23

operations of these corporations, or where loans or mort-24


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gage purchases are necessary to protect the financial in-1

terest of the United States Government. 2

SEC. 207. The Secretary of Housing and Urban De-3

velopment shall provide quarterly reports to the House 4

and Senate Committees on Appropriations regarding all 5

uncommitted, unobligated, recaptured and excess funds in 6

each program and activity within the jurisdiction of the 7

Department and shall submit additional, updated budget 8

information to these Committees upon request. 9

SEC. 208. The President’s formal budget request for 10

fiscal year 2021, as well as the Department of Housing 11

and Urban Development’s congressional budget justifica-12

tions to be submitted to the Committees on Appropriations 13

of the House of Representatives and the Senate, shall use 14

the identical account and sub-account structure provided 15

under this Act. 16

SEC. 209. No funds provided under this title may be 17

used for an audit of the Government National Mortgage 18

Association that makes applicable requirements under the 19

Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 20

SEC. 210. (a) Notwithstanding any other provision 21

of law, subject to the conditions listed under this section, 22

for fiscal years 2020 and 2021, the Secretary of Housing 23

and Urban Development may authorize the transfer of 24

some or all project-based assistance, debt held or insured 25


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by the Secretary and statutorily required low-income and 1

very low-income use restrictions if any, associated with one 2

or more multifamily housing project or projects to another 3

multifamily housing project or projects. 4

(b) PHASED TRANSFERS.—Transfers of project- 5

based assistance under this section may be done in phases 6

to accommodate the financing and other requirements re-7

lated to rehabilitating or constructing the project or 8

projects to which the assistance is transferred, to ensure 9

that such project or projects meet the standards under 10

subsection (c). 11

(c) The transfer authorized in subsection (a) is sub-12

ject to the following conditions: 13

(1) NUMBER AND BEDROOM SIZE OF UNITS.— 14

(A) For occupied units in the transferring 15

project: The number of low-income and very 16

low-income units and the configuration (i.e., 17

bedroom size) provided by the transferring 18

project shall be no less than when transferred 19

to the receiving project or projects and the net 20

dollar amount of Federal assistance provided to 21

the transferring project shall remain the same 22

in the receiving project or projects. 23

(B) For unoccupied units in the transfer-24

ring project: The Secretary may authorize a re-25


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duction in the number of dwelling units in the 1

receiving project or projects to allow for a re-2

configuration of bedroom sizes to meet current 3

market demands, as determined by the Sec-4

retary and provided there is no increase in the 5

project-based assistance budget authority. 6

(2) The transferring project shall, as deter-7

mined by the Secretary, be either physically obsolete 8

or economically nonviable. 9

(3) The receiving project or projects shall meet 10

or exceed applicable physical standards established 11

by the Secretary. 12

(4) The owner or mortgagor of the transferring 13

project shall notify and consult with the tenants re-14

siding in the transferring project and provide a cer-15

tification of approval by all appropriate local govern-16

mental officials. 17

(5) The tenants of the transferring project who 18

remain eligible for assistance to be provided by the 19

receiving project or projects shall not be required to 20

vacate their units in the transferring project or 21

projects until new units in the receiving project are 22

available for occupancy. 23

(6) The Secretary determines that this transfer 24

is in the best interest of the tenants. 25


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(7) If either the transferring project or the re-1

ceiving project or projects meets the condition speci-2

fied in subsection (d)(2)(A), any lien on the receiv-3

ing project resulting from additional financing ob-4

tained by the owner shall be subordinate to any 5

FHA-insured mortgage lien transferred to, or placed 6

on, such project by the Secretary, except that the 7

Secretary may waive this requirement upon deter-8

mination that such a waiver is necessary to facilitate 9

the financing of acquisition, construction, and/or re-10

habilitation of the receiving project or projects. 11

(8) If the transferring project meets the re-12

quirements of subsection (d)(2), the owner or mort-13

gagor of the receiving project or projects shall exe-14

cute and record either a continuation of the existing 15

use agreement or a new use agreement for the 16

project where, in either case, any use restrictions in 17

such agreement are of no lesser duration than the 18

existing use restrictions. 19

(9) The transfer does not increase the cost (as 20

defined in section 502 of the Congressional Budget 21

Act of 1974, as amended) of any FHA-insured 22

mortgage, except to the extent that appropriations 23

are provided in advance for the amount of any such 24

increased cost. 25


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(d) For purposes of this section— 1

(1) the terms ‘‘low-income’’ and ‘‘very low-in-2

come’’ shall have the meanings provided by the stat-3

ute and/or regulations governing the program under 4

which the project is insured or assisted; 5

(2) the term ‘‘multifamily housing project’’ 6

means housing that meets one of the following con-7

ditions— 8

(A) housing that is subject to a mortgage 9

insured under the National Housing Act; 10

(B) housing that has project-based assist-11

ance attached to the structure including 12

projects undergoing mark to market debt re-13

structuring under the Multifamily Assisted 14

Housing Reform and Affordability Housing Act; 15

(C) housing that is assisted under section 16

202 of the Housing Act of 1959, as amended 17

by section 801 of the Cranston-Gonzales Na-18

tional Affordable Housing Act; 19

(D) housing that is assisted under section 20

202 of the Housing Act of 1959, as such sec-21

tion existed before the enactment of the Cran-22

ston-Gonzales National Affordable Housing Act; 23


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(E) housing that is assisted under section 1

811 of the Cranston-Gonzales National Afford-2

able Housing Act; or 3

(F) housing or vacant land that is subject 4

to a use agreement; 5

(3) the term ‘‘project-based assistance’’ 6

means— 7

(A) assistance provided under section 8(b) 8

of the United States Housing Act of 1937; 9

(B) assistance for housing constructed or 10

substantially rehabilitated pursuant to assist-11

ance provided under section 8(b)(2) of such Act 12

(as such section existed immediately before Oc-13

tober 1, 1983); 14

(C) rent supplement payments under sec-15

tion 101 of the Housing and Urban Develop-16

ment Act of 1965; 17

(D) interest reduction payments under sec-18

tion 236 and/or additional assistance payments 19

under section 236(f)(2) of the National Hous-20

ing Act; 21

(E) assistance payments made under sec-22

tion 202(c)(2) of the Housing Act of 1959; and 23


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(F) assistance payments made under sec-1

tion 811(d)(2) of the Cranston-Gonzalez Na-2

tional Affordable Housing Act; 3

(4) the term ‘‘receiving project or projects’’ 4

means the multifamily housing project or projects to 5

which some or all of the project-based assistance, 6

debt, and statutorily required low-income and very 7

low-income use restrictions are to be transferred; 8

(5) the term ‘‘transferring project’’ means the 9

multifamily housing project which is transferring 10

some or all of the project-based assistance, debt, and 11

the statutorily required low-income and very low-in-12

come use restrictions to the receiving project or 13

projects; and 14

(6) the term ‘‘Secretary’’ means the Secretary 15

of Housing and Urban Development. 16

(e) RESEARCH REPORT.—The Secretary shall con-17

duct an evaluation of the transfer authority under this sec-18

tion, including the effect of such transfers on the oper-19

ational efficiency, contract rents, physical and financial 20

conditions, and long-term preservation of the affected 21

properties. 22

SEC. 211. (a) No assistance shall be provided under 23

section 8 of the United States Housing Act of 1937 (42 24

U.S.C. 1437f) to any individual who— 25


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(1) is enrolled as a student at an institution of 1

higher education (as defined under section 102 of 2

the Higher Education Act of 1965 (20 U.S.C. 3

1002)); 4

(2) is under 24 years of age; 5

(3) is not a veteran; 6

(4) is unmarried; 7

(5) does not have a dependent child; 8

(6) is not a person with disabilities, as such 9

term is defined in section 3(b)(3)(E) of the United 10

States Housing Act of 1937 (42 U.S.C. 11

1437a(b)(3)(E)) and was not receiving assistance 12

under such section 8 as of November 30, 2005; 13

(7) is not a youth who left foster care at age 14

14 or older and is at risk of becoming homeless; and 15

(8) is not otherwise individually eligible, or has 16

parents who, individually or jointly, are not eligible, 17

to receive assistance under section 8 of the United 18

States Housing Act of 1937 (42 U.S.C. 1437f). 19

(b) For purposes of determining the eligibility of a 20

person to receive assistance under section 8 of the United 21

States Housing Act of 1937 (42 U.S.C. 1437f), any finan-22

cial assistance (in excess of amounts received for tuition 23

and any other required fees and charges) that an indi-24

vidual receives under the Higher Education Act of 1965 25


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(20 U.S.C. 1001 et seq.), from private sources, or an insti-1

tution of higher education (as defined under the Higher 2

Education Act of 1965 (20 U.S.C. 1002)), shall be consid-3

ered income to that individual, except for a person over 4

the age of 23 with dependent children. 5

SEC. 212. The funds made available for Native Alas-6

kans under the heading ‘‘Native American Housing Block 7

Grants’’ in title II of this Act shall be allocated to the 8

same Native Alaskan housing block grant recipients that 9

received funds in fiscal year 2005. 10


law, in fiscal year 2020, in managing and disposing of any 12

multifamily property that is owned or has a mortgage held 13

by the Secretary of Housing and Urban Development, and 14

during the process of foreclosure on any property with a 15

contract for rental assistance payments under section 8 16

of the United States Housing Act of 1937 or other Fed-17

eral programs, the Secretary shall maintain any rental as-18

sistance payments under section 8 of the United States 19

Housing Act of 1937 and other programs that are at-20

tached to any dwelling units in the property. To the extent 21

the Secretary determines, in consultation with the tenants 22

and the local government, that such a multifamily prop-23

erty owned or held by the Secretary is not feasible for con-24

tinued rental assistance payments under such section 8 25


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or other programs, based on consideration of (1) the costs 1

of rehabilitating and operating the property and all avail-2

able Federal, State, and local resources, including rent ad-3

justments under section 524 of the Multifamily Assisted 4

Housing Reform and Affordability Act of 1997 5

(‘‘MAHRAA’’) and (2) environmental conditions that can-6

not be remedied in a cost-effective fashion, the Secretary 7

may, in consultation with the tenants of that property, 8

contract for project-based rental assistance payments with 9

an owner or owners of other existing housing properties, 10

or provide other rental assistance. The Secretary shall also 11

take appropriate steps to ensure that project-based con-12

tracts remain in effect prior to foreclosure, subject to the 13

exercise of contractual abatement remedies to assist relo-14

cation of tenants for imminent major threats to health and 15

safety after written notice to and informed consent of the 16

affected tenants and use of other available remedies, such 17

as partial abatements or receivership. After disposition of 18

any multifamily property described under this section, the 19

contract and allowable rent levels on such properties shall 20

be subject to the requirements under section 524 of 21

MAHRAA. 22

SEC. 214. Public housing agencies that own and oper-23

ate 400 or fewer public housing units may elect to be ex-24

empt from any asset management requirement imposed by 25


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the Secretary of Housing and Urban Development in con-1

nection with the operating fund rule: Provided, That an 2

agency seeking a discontinuance of a reduction of subsidy 3

under the operating fund formula shall not be exempt 4

from asset management requirements. 5

SEC. 215. With respect to the use of amounts pro-6

vided in this Act and in future Acts for the operation, cap-7

ital improvement and management of public housing as 8

authorized by sections 9(d) and 9(e) of the United States 9

Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 10

Secretary shall not impose any requirement or guideline 11

relating to asset management that restricts or limits in 12

any way the use of capital funds for central office costs 13

pursuant to section 9(g)(1) or 9(g)(2) of the United States 14

Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro-15

vided, That a public housing agency may not use capital 16

funds authorized under section 9(d) for activities that are 17

eligible under section 9(e) for assistance with amounts 18

from the operating fund in excess of the amounts per-19

mitted under section 9(g)(1) or 9(g)(2). 20

SEC. 216. No official or employee of the Department 21

of Housing and Urban Development shall be designated 22

as an allotment holder unless the Office of the Chief Fi-23

nancial Officer has determined that such allotment holder 24

has implemented an adequate system of funds control and 25


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has received training in funds control procedures and di-1

rectives. The Chief Financial Officer shall ensure that 2

there is a trained allotment holder for each HUD appro-3

priation under the accounts ‘‘Executive Offices’’ and ‘‘Ad-4

ministrative Support Offices,’’ as well as each paragraph 5

receiving appropriations under the heading ‘‘Program Of-6

fice Salaries and Expenses’’, ‘‘Government National Mort-7

gage Association—Guarantees of Mortgage-Backed Secu-8

rities Loan Guarantee Program Account’’, and ‘‘Office of 9

Inspector General’’ within the Department of Housing and 10

Urban Development. 11

SEC. 217. The Secretary of the Department of Hous-12

ing and Urban Development shall, for fiscal year 2020, 13

notify the public through the Federal Register and other 14

means, as determined appropriate, of the issuance of a no-15

tice of the availability of assistance or notice of funding 16

availability (NOFA) for any program or discretionary 17

fund administered by the Secretary that is to be competi-18

tively awarded. Notwithstanding any other provision of 19

law, for fiscal year 2020, the Secretary may make the 20

NOFA available only on the Internet at the appropriate 21

Government web site or through other electronic media, 22

as determined by the Secretary. 23

SEC. 218. Payment of attorney fees in program-re-24

lated litigation shall be paid from the individual program 25


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office and Office of General Counsel salaries and expenses 1

appropriations. The annual budget submission for the pro-2

gram offices and the Office of General Counsel shall in-3

clude any such projected litigation costs for attorney fees 4

as a separate line item request. No funds provided in this 5

title may be used to pay any such litigation costs for attor-6

ney fees until the Department submits for review a spend-7

ing plan for such costs to the House and Senate Commit-8

tees on Appropriations. 9

SEC. 219. The Secretary is authorized to transfer up 10

to 10 percent or $5,000,000, whichever is less, of funds 11

appropriated for any office under the heading ‘‘Adminis-12

trative Support Offices’’ or for any paragraph under the 13

heading ‘‘Program Office Salaries and Expenses’’ to any 14

other such office or account: Provided, That no appropria-15

tion for any such office or account shall be increased or 16

decreased by more than 10 percent or $5,000,000, which-17

ever is less, without prior written approval of the House 18

and Senate Committees on Appropriations: Provided fur-19

ther, That the Secretary shall provide notification to such 20

Committees three business days in advance of any such 21

transfers under this section up to 10 percent or 22

$5,000,000, whichever is less. 23

SEC. 220. (a) Any entity receiving housing assistance 24

payments shall maintain decent, safe, and sanitary condi-25


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tions, as determined by the Secretary of Housing and 1

Urban Development (in this section referred to as the 2

‘‘Secretary’’), and comply with any standards under appli-3

cable State or local laws, rules, ordinances, or regulations 4

relating to the physical condition of any property covered 5

under a housing assistance payment contract. 6

(b) The Secretary shall take action under subsection 7

(c) when a multifamily housing project with a section 8 8

contract or contract for similar project-based assistance— 9

(1) receives a Uniform Physical Condition 10

Standards (UPCS) score of 60 or less; or 11

(2) fails to certify in writing to the Secretary 12

within 3 days that all Exigent Health and Safety de-13

ficiencies identified by the inspector at the project 14

have been corrected. 15

Such requirements shall apply to insured and noninsured 16

projects with assistance attached to the units under sec-17

tion 8 of the United States Housing Act of 1937 (42 18

U.S.C. 1437f), but do not apply to such units assisted 19

under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 20

public housing units assisted with capital or operating 21

funds under section 9 of the United States Housing Act 22

of 1937 (42 U.S.C. 1437g). 23

(c)(1) Within 15 days of the issuance of the REAC 24

inspection, the Secretary must provide the owner with a 25


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Notice of Default with a specified timetable, determined 1

by the Secretary, for correcting all deficiencies. The Sec-2

retary must also provide a copy of the Notice of Default 3

to the tenants, the local government, any mortgagees, and 4

any contract administrator. If the owner’s appeal results 5

in a UPCS score of 60 or above, the Secretary may with-6

draw the Notice of Default. 7

(2) At the end of the time period for correcting all 8

deficiencies specified in the Notice of Default, if the owner 9

fails to fully correct such deficiencies, the Secretary may— 10

(A) require immediate replacement of project 11

management with a management agent approved by 12

the Secretary; 13

(B) impose civil money penalties, which shall be 14

used solely for the purpose of supporting safe and 15

sanitary conditions at applicable properties, as des-16

ignated by the Secretary, with priority given to the 17

tenants of the property affected by the penalty; 18

(C) abate the section 8 contract, including par-19

tial abatement, as determined by the Secretary, until 20

all deficiencies have been corrected; 21

(D) pursue transfer of the project to an owner, 22

approved by the Secretary under established proce-23

dures, which will be obligated to promptly make all 24


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required repairs and to accept renewal of the assist-1

ance contract as long as such renewal is offered; 2

(E) transfer the existing section 8 contract to 3

another project or projects and owner or owners; 4

(F) pursue exclusionary sanctions, including 5

suspensions or debarments from Federal programs; 6

(G) seek judicial appointment of a receiver to 7

manage the property and cure all project deficiencies 8

or seek a judicial order of specific performance re-9

quiring the owner to cure all project deficiencies; 10

(H) work with the owner, lender, or other re-11

lated party to stabilize the property in an attempt 12

to preserve the property through compliance, trans-13

fer of ownership, or an infusion of capital provided 14

by a third-party that requires time to effectuate; or 15

(I) take any other regulatory or contractual 16

remedies available as deemed necessary and appro-17

priate by the Secretary. 18

(d) The Secretary shall also take appropriate steps 19

to ensure that project-based contracts remain in effect, 20

subject to the exercise of contractual abatement remedies 21

to assist relocation of tenants for major threats to health 22

and safety after written notice to the affected tenants. To 23

the extent the Secretary determines, in consultation with 24

the tenants and the local government, that the property 25


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is not feasible for continued rental assistance payments 1

under such section 8 or other programs, based on consid-2

eration of— 3

(1) the costs of rehabilitating and operating the 4

property and all available Federal, State, and local 5

resources, including rent adjustments under section 6

524 of the Multifamily Assisted Housing Reform 7

and Affordability Act of 1997 (‘‘MAHRAA’’); and 8

(2) environmental conditions that cannot be 9

remedied in a cost-effective fashion, the Secretary 10

may contract for project-based rental assistance pay-11

ments with an owner or owners of other existing 12

housing properties, or provide other rental assist-13

ance. 14

(e) The Secretary shall report quarterly on all prop-15

erties covered by this section that are assessed through 16

the Real Estate Assessment Center and have UPCS phys-17

ical inspection scores of less than 60 or have received an 18

unsatisfactory management and occupancy review within 19

the past 36 months. The report shall include— 20

(1) the enforcement actions being taken to ad-21

dress such conditions, including imposition of civil 22

money penalties and termination of subsidies, and 23

identify properties that have such conditions mul-24

tiple times; 25


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(2) actions that the Department of Housing 1

and Urban Development is taking to protect tenants 2

of such identified properties; and 3

(3) any administrative or legislative rec-4

ommendations to further improve the living condi-5

tions at properties covered under a housing assist-6

ance payment contract. 7

This report shall be due to the Senate and House Commit-8

tees on Appropriations no later than 30 days after the 9

enactment of this Act, and on the first business day of 10

each Federal fiscal year quarter thereafter while this sec-11

tion remains in effect. 12


Act, or any other Act, for purposes authorized under sec-14

tion 8 (only with respect to the tenant-based rental assist-15

ance program) and section 9 of the United States Housing 16

Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 17

any public housing agency for any amount of salary, in-18

cluding bonuses, for the chief executive officer of which, 19

or any other official or employee of which, that exceeds 20

the annual rate of basic pay payable for a position at level 21

IV of the Executive Schedule at any time during any pub-22

lic housing agency fiscal year 2020. 23

SEC. 222. None of the funds in this Act provided to 24

the Department of Housing and Urban Development may 25


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be used to make a grant award unless the Secretary noti-1

fies the House and Senate Committees on Appropriations 2

not less than 3 full business days before any project, 3

State, locality, housing authority, tribe, nonprofit organi-4

zation, or other entity selected to receive a grant award 5

is announced by the Department or its offices. 6


Act may be used to require or enforce the Physical Needs 8

Assessment (PNA). 9


Act shall be used by the Federal Housing Administration, 11

the Government National Mortgage Administration, or the 12

Department of Housing and Urban Development to in-13

sure, securitize, or establish a Federal guarantee of any 14

mortgage or mortgage backed security that refinances or 15

otherwise replaces a mortgage that has been subject to 16

eminent domain condemnation or seizure, by a State, mu-17

nicipality, or any other political subdivision of a State. 18


Act may be used to terminate the status of a unit of gen-20

eral local government as a metropolitan city (as defined 21

in section 102 of the Housing and Community Develop-22

ment Act of 1974 (42 U.S.C. 5302)) with respect to 23

grants under section 106 of such Act (42 U.S.C. 5306). 24


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SEC. 226. Amounts made available under this Act 1

which are either appropriated, allocated, advanced on a 2

reimbursable basis, or transferred to the Office of Policy 3

Development and Research in the Department of Housing 4

and Urban Development and functions thereof, for re-5

search, evaluation, or statistical purposes, and which are 6

unexpended at the time of completion of a contract, grant, 7

or cooperative agreement, may be deobligated and shall 8

immediately become available and may be reobligated in 9

that fiscal year or the subsequent fiscal year for the re-10

search, evaluation, or statistical purposes for which the 11

amounts are made available to that Office subject to re-12

programming requirements in section 405 of this Act. 13

SEC. 227. Funds made available in this title under 14

the heading ‘‘Homeless Assistance Grants’’ may be used 15

by the Secretary to participate in Performance Partner-16

ship Pilots authorized under section 526 of division H of 17

Public Law 113–76, section 524 of division G of Public 18

Law 113–235, section 525 of division H of Public Law 19

114–113, and such authorities as are enacted for Perform-20

ance Partnership Pilots in an appropriations Act for fiscal 21

year 2019: Provided, That such participation shall be lim-22

ited to no more than 10 continuums of care and housing 23

activities to improve outcomes for disconnected youth. 24


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SEC. 228. With respect to grant amounts awarded 1

under the heading ‘‘Homeless Assistance Grants’’ for fis-2

cal years 2015 and subsequent fiscal years for the con-3

tinuum of care (CoC) program as authorized under sub-4

title C of title IV of the McKinney-Vento Homeless Assist-5

ance Act, costs paid by program income of grant recipients 6

may count toward meeting the recipient’s matching re-7

quirements, provided the costs are eligible CoC costs that 8

supplement the recipient’s CoC program. 9

SEC. 229. (a) From amounts made available under 10

this title under the heading ‘‘Homeless Assistance 11

Grants’’, the Secretary may award 1-year transition 12

grants to recipients of funds for activities under subtitle 13

C of the McKinney-Vento Homeless Assistance Act (42 14

U.S.C. 11381 et seq.) to transition from one Continuum 15

of Care program component to another. 16

(b) No more than 50 percent of each transition grant 17

may be used for costs of eligible activities of the program 18

component originally funded. 19

(c) Transition grants made under this section are eli-20

gible for renewal in subsequent fiscal years for the eligible 21

activities of the new program component. 22

(d) In order to be eligible to receive a transition 23

grant, the funding recipient must have the consent of the 24


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Continuum of Care and meet standards determined by the 1

Secretary. 2


Act may be used by the Department of Housing and 4

Urban Development to direct a grantee to undertake spe-5

cific changes to existing zoning laws as part of carrying 6

out the final rule entitled ‘‘Affirmatively Furthering Fair 7

Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 8

notice entitled ‘‘Affirmatively Furthering Fair Housing 9

Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 10

2014)). 11

SEC. 231. (a) ESTABLISHMENT OF FUND.—There is 12

hereby established in the Treasury of the United States 13

a fund to be known as HUD HAG Fund (in this section 14

referred to as the ‘‘Fund’’). 15

(b) CREDITS TO FUND.— 16

(1) FUTURE TRANSFERS.—Unobligated bal-17

ances of recaptured funds (except for amounts nec-18

essary for grant amount corrections) appropriated 19

by any Act in this or any subsequent fiscal year 20

under the account for ‘‘Department of Housing and 21

Urban Development—Community Planning and De-22

velopment—Homeless Assistance Grants’’ (in this 23

section referred to as the ‘‘HAG account’’) shall be 24

transferred into the Fund. 25


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(2) RESCISSION AND AVAILABILITY OF FISCAL 1

YEAR 2018 AMOUNTS.—Of any amounts appropriated 2

under the HAG account by the Transportation, 3

Housing and Urban Development, and Related 4

Agencies Appropriations Act, 2018 (division L of 5

Public Law 115-141), 90 percent of any balances re-6

maining unobligated as of September 1, 2020, are 7

hereby rescinded, and an amount of additional new 8

budget authority equivalent to the amount rescinded 9

is hereby appropriated and shall be transferred to 10

the Fund. 11

(c) PURPOSES.—Amounts transferred to the Fund 12

shall be available until expended, and in addition to such 13

other funds as may be available for such purposes, only 14

for the following purposes: 15

(1) For grants under the Continuum of Care 16

program under subtitle C of title IV of the McKin-17

ney-Vento Homeless Assistance Act (42 U.S.C. 18

11381 et seq.). 19

(2) For grants under the Emergency Solutions 20

Grant program under subtitle B of title IV of such 21

Act (42 U.S.C. 11371 et seq.). 22

(3) Not less than 10 percent of amounts trans-23

ferred to the Fund shall be used only for grants, as 24


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established and determined by the Secretary, in 1

rural areas. 2

(4) Not less than 10 percent of amounts trans-3

ferred to the Fund shall be used for grants, as es-4

tablished and determined by the Secretary, only pur-5

suant to the declaration of a major disaster under 6

the Robert T. Stafford Disaster Relief and Emer-7

gency Assistance Act (42 U.S.C. 5121 et seq.) in the 8

most impacted and distressed areas resulting from 9

such disaster. 10

(d) TRANSFER FOR USE.— 11

(1) Amounts in the Fund shall be transferred 12

to the HAG account before obligation and expendi-13

ture. 14

(2) Amounts in the Fund may be transferred to 15

the HAG account only after the expiration of the 15- 16

day period beginning upon the day that the Sec-17

retary of Housing and Urban Development submits 18

written notice to the Committees on Appropriations 19

of the House of Representatives and the Senate of 20

the planned use of such transferred amounts, except 21

that amounts transferred for the purposes specified 22

in subsection (c)(4) may be transferred with concur-23

rent written notice to such Committees. 24


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SEC. 232. The Promise Zone designations and Prom-1

ise Zone Designation Agreements entered into pursuant 2

to such designations, made by the Secretary of Housing 3

and Urban Development in prior fiscal years, shall remain 4

in effect in accordance with the terms and conditions of 5

such agreements. 6


Act may be used to establish and apply review criteria, 8

including rating factors or preference points, for participa-9

tion in or coordination with EnVision Centers, in the eval-10

uation, selection, and award of any funds made available 11

and requiring competitive selection under this Act, except 12

with respect to any such funds otherwise authorized for 13

EnVision Center purposes under this Act. 14

SEC. 234. None of the funds made available to the 15

Department of Housing and Urban Development by this 16

or any other Act may be used to implement, administer, 17

enforce, or in any way make effective the proposed rule 18

entitled ‘‘Housing and Community Development Act of 19

1980: Verification of Eligible Status’’, issued by the De-20

partment of Housing and Urban Development on May 10, 21

2019 (Docket No. FR-6124-P-01), or any final rule based 22

substantially on such proposed rule. 23

SEC. 235. (a) The Secretary of Housing and Urban 24

Development shall make available to grantees under pro-25


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grams included under the Department’s Consolidated 1

Planning Process, not later than the expiration of the 90- 2

day period beginning on the date of the enactment of this 3

Act, the prepopulated up-to-date housing and economic 4

data and data for both broadband and resilience assess-5

ment requirements, as referred to in the HUD Response 6

to the third comment under section III.A. of the Supple-7

mentary Information included with the final rule entitled 8

‘‘Modernizing HUD’s Consolidated Planning Process To 9

Narrow the Digital Divide and Increase Resilience to Nat-10

ural Hazards’’, published by the Department of Housing 11

and Urban Development in the Federal Register on Fri-12

day, December 16, 2016 (81 Fed. Reg. 91000). 13

(b) The Secretary of Housing and Urban Develop-14

ment shall require such grantees to incorporate the 15

broadband and resilience components into the Consoli-16

dated Plan process not later than the expiration of the 17

270-day period beginning on the date of the enactment 18

of this Act. 19

SEC. 236. None of the funds made available to the 20

Department of Housing and Urban Development by this 21

or any other Act may be used to implement, administer, 22

enforce, or in any way make effective any rule making any 23

change to the rule entitled ‘‘Equal Access in Accordance 24

With an Individual’s Gender Identity in Community Plan-25


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ning and Development Programs’’ published by the De-1

partment of Housing and Urban Development in the Fed-2

eral Register on September 21, 2016 (81 Fed. Reg. 3

64763) or to the rule entitled ‘‘Equal Access to Housing 4

in HUD Programs Regardless of Sexual Orientation or 5

Gender Identity’’ published by such Department in the 6

Federal Register on February 3, 2012 (77 Fed. Reg. 7

5662). 8


law, the notice issued by the Department of Housing and 10

Urban Development on February 20, 2015, and entitled 11

‘‘Appropriate Placement for Transgender Persons in Sin-12

gle-Sex Emergency Shelters and Other Facilities’’ (Notice 13

CPD-15-02) shall have the force and effect of law. 14

SEC. 238. The Secretary of Housing and Urban De-15

velopment may not, in this fiscal year or any fiscal year 16

thereafter, implement, require, enforce, or otherwise make 17

effective any change, amendment, or alteration to any 18

term or condition of the Annual Contributions Contract 19

between the Secretary and any public housing agency, as 20

such contract was in effect as of January 1, 2018, unless 21

such change, amendment, or alteration is made pursuant 22

to a rule issued after notice and an opportunity for public 23

comment and in accordance with the procedure under sec-24


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tion 553 of title 5, United States Code, applicable to sub-1

stantive rules. 2

This title may be cited as the ‘‘Department of Hous-3

ing and Urban Development Appropriations Act, 2020’’. 4

TITLE III 5

RELATED AGENCIES 6

ACCESS BOARD 7


For expenses necessary for the Access Board, as au-9

thorized by section 502 of the Rehabilitation Act of 1973, 10

as amended, $8,400,000: Provided, That, notwithstanding 11

any other provision of law, there may be credited to this 12

appropriation funds received for publications and training 13

expenses. 14

FEDERAL MARITIME COMMISSION 15


For necessary expenses of the Federal Maritime 17

Commission as authorized by section 201(d) of the Mer-18

chant Marine Act, 1936, as amended (46 U.S.C. 307), in-19

cluding services as authorized by 5 U.S.C. 3109; hire of 20

passenger motor vehicles as authorized by 31 U.S.C. 21

1343(b); and uniforms or allowances therefore, as author-22

ized by 5 U.S.C. 5901–5902, $28,000,000: Provided, That 23

not to exceed $2,000 shall be available for official recep-24

tion and representation expenses. 25


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NATIONAL RAILROAD PASSENGER CORPORATION 1



For necessary expenses of the Office of Inspector 4

General for the National Railroad Passenger Corporation 5

to carry out the provisions of the Inspector General Act 6

of 1978, as amended, $23,274,000: Provided, That the In-7

spector General shall have all necessary authority, in car-8

rying out the duties specified in the Inspector General Act, 9

as amended (5 U.S.C. App. 3), to investigate allegations 10

of fraud, including false statements to the government (18 11

U.S.C. 1001), by any person or entity that is subject to 12

regulation by the National Railroad Passenger Corpora-13

tion: Provided further, That the Inspector General may 14

enter into contracts and other arrangements for audits, 15

studies, analyses, and other services with public agencies 16

and with private persons, subject to the applicable laws 17

and regulations that govern the obtaining of such services 18

within the National Railroad Passenger Corporation: Pro-19

vided further, That the Inspector General may select, ap-20

point, and employ such officers and employees as may be 21

necessary for carrying out the functions, powers, and du-22

ties of the Office of Inspector General, subject to the appli-23

cable laws and regulations that govern such selections, ap-24

pointments, and employment within the Corporation: Pro-25


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vided further, That concurrent with the President’s budget 1

request for fiscal year 2021, the Inspector General shall 2

submit to the House and Senate Committees on Appro-3

priations a budget request for fiscal year 2021 in similar 4

format and substance to those submitted by executive 5

agencies of the Federal Government. 6

NATIONAL TRANSPORTATION SAFETY BOARD 7


For necessary expenses of the National Transpor-9

tation Safety Board, including hire of passenger motor ve-10

hicles and aircraft; services as authorized by 5 U.S.C. 11

3109, but at rates for individuals not to exceed the per 12

diem rate equivalent to the rate for a GS–15; uniforms, 13

or allowances therefor, as authorized by law (5 U.S.C. 14

5901–5902), $110,400,000, of which not to exceed $2,000 15

may be used for official reception and representation ex-16

penses. The amounts made available to the National 17

Transportation Safety Board in this Act include amounts 18

necessary to make lease payments on an obligation in-19

curred in fiscal year 2001 for a capital lease. 20

NEIGHBORHOOD REINVESTMENT CORPORATION 21

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 22

CORPORATION 23

For payment to the Neighborhood Reinvestment Cor-24

poration for use in neighborhood reinvestment activities, 25


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as authorized by the Neighborhood Reinvestment Corpora-1

tion Act (42 U.S.C. 8101–8107), $170,000,000, of which 2

$5,000,000 shall be for a multi-family rental housing pro-3

gram. 4

SURFACE TRANSPORTATION BOARD 5


For necessary expenses of the Surface Transpor-7

tation Board, including services authorized by 5 U.S.C. 8

3109, $37,100,000: Provided, That notwithstanding any 9

other provision of law, not to exceed $1,250,000 from fees 10

established by the Chairman of the Surface Transpor-11

tation Board shall be credited to this appropriation as off-12

setting collections and used for necessary and authorized 13

expenses under this heading: Provided further, That the 14

sum herein appropriated from the general fund shall be 15

reduced on a dollar-for-dollar basis as such offsetting col-16

lections are received during fiscal year 2020, to result in 17

a final appropriation from the general fund estimated at 18

no more than $35,850,000. 19

UNITED STATES INTERAGENCY COUNCIL ON 20

HOMELESSNESS 21

OPERATING EXPENSES 22

For necessary expenses (including payment of sala-23

ries, authorized travel, hire of passenger motor vehicles, 24

the rental of conference rooms, and the employment of ex-25


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perts and consultants under section 3109 of title 5, United 1

States Code) of the United States Interagency Council on 2

Homelessness in carrying out the functions pursuant to 3

title II of the McKinney-Vento Homeless Assistance Act, 4

as amended, $4,100,000, to remain available until Sep-5

tember 30, 2021. 6

TITLE IV 7

GENERAL PROVISIONS—THIS ACT 8

SEC. 401. None of the funds in this Act shall be used 9

for the planning or execution of any program to pay the 10

expenses of, or otherwise compensate, non-Federal parties 11

intervening in regulatory or adjudicatory proceedings 12

funded in this Act. 13

SEC. 402. None of the funds appropriated in this Act 14

shall remain available for obligation beyond the current 15

fiscal year, nor may any be transferred to other appropria-16

tions, unless expressly so provided herein. 17

SEC. 403. The expenditure of any appropriation 18

under this Act for any consulting service through a pro-19

curement contract pursuant to section 3109 of title 5, 20

United States Code, shall be limited to those contracts 21

where such expenditures are a matter of public record and 22

available for public inspection, except where otherwise pro-23

vided under existing law, or under existing Executive order 24

issued pursuant to existing law. 25


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SEC. 404. (a) None of the funds made available in 1

this Act may be obligated or expended for any employee 2

training that— 3

(1) does not meet identified needs for knowl-4

edge, skills, and abilities bearing directly upon the 5

performance of official duties; 6

(2) contains elements likely to induce high lev-7

els of emotional response or psychological stress in 8

some participants; 9

(3) does not require prior employee notification 10

of the content and methods to be used in the train-11

ing and written end of course evaluation; 12

(4) contains any methods or content associated 13

with religious or quasi-religious belief systems or 14

‘‘new age’’ belief systems as defined in Equal Em-15

ployment Opportunity Commission Notice N– 16

915.022, dated September 2, 1988; or 17

(5) is offensive to, or designed to change, par-18

ticipants’ personal values or lifestyle outside the 19

workplace. 20

(b) Nothing in this section shall prohibit, restrict, or 21

otherwise preclude an agency from conducting training 22

bearing directly upon the performance of official duties. 23

SEC. 405. Except as otherwise provided in this Act, 24

none of the funds provided in this Act, provided by pre-25


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vious appropriations Acts to the agencies or entities fund-1

ed in this Act that remain available for obligation or ex-2

penditure in fiscal year 2020, or provided from any ac-3

counts in the Treasury derived by the collection of fees 4

and available to the agencies funded by this Act, shall be 5

available for obligation or expenditure through a re-6

programming of funds that— 7

(1) creates a new program; 8

(2) eliminates a program, project, or activity; 9

(3) increases funds or personnel for any pro-10

gram, project, or activity for which funds have been 11

denied or restricted by the Congress; 12

(4) proposes to use funds directed for a specific 13

activity by either the House or Senate Committees 14

on Appropriations for a different purpose; 15

(5) augments existing programs, projects, or ac-16

tivities in excess of $5,000,000 or 10 percent, which-17

ever is less; 18

(6) reduces existing programs, projects, or ac-19

tivities by $5,000,000 or 10 percent, whichever is 20

less; or 21

(7) creates, reorganizes, or restructures a 22

branch, division, office, bureau, board, commission, 23

agency, administration, or department different from 24

the budget justifications submitted to the Commit-25


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tees on Appropriations or the table accompanying 1

the joint explanatory statement accompanying this 2

Act, whichever is more detailed, unless prior ap-3

proval is received from the House and Senate Com-4

mittees on Appropriations: Provided, That not later 5

than 60 days after the date of enactment of this 6

Act, each agency funded by this Act shall submit a 7

report to the Committees on Appropriations of the 8

Senate and of the House of Representatives to es-9

tablish the baseline for application of reprogram-10

ming and transfer authorities for the current fiscal 11

year: Provided further, That the report shall in-12

clude— 13

(A) a table for each appropriation with a 14

separate column to display the prior year en-15

acted level, the President’s budget request, ad-16

justments made by Congress, adjustments due 17

to enacted rescissions, if appropriate, and the 18

fiscal year enacted level; 19

(B) a delineation in the table for each ap-20

propriation and its respective prior year enacted 21

level by object class and program, project, and 22

activity as detailed in this Act, the table accom-23

panying the explanatory statement accom-24

panying this Act, accompanying reports of the 25


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House and Senate Committee on Appropria-1

tions, or in the budget appendix for the respec-2

tive appropriations, whichever is more detailed, 3

and shall apply to all items for which a dollar 4

amount is specified and to all programs for 5

which new budget (obligational) authority is 6

provided, as well as to discretionary grants and 7

discretionary grant allocations; and 8

(C) an identification of items of special 9

congressional interest. 10

SEC. 406. Except as otherwise specifically provided 11

by law, not to exceed 50 percent of unobligated balances 12

remaining available at the end of fiscal year 2020 from 13

appropriations made available for salaries and expenses 14

for fiscal year 2020 in this Act, shall remain available 15

through September 30, 2021, for each such account for 16

the purposes authorized: Provided, That a request shall 17

be submitted to the House and Senate Committees on Ap-18

propriations for approval prior to the expenditure of such 19

funds: Provided further, That these requests shall be made 20

in compliance with reprogramming guidelines under sec-21

tion 405 of this Act. 22

SEC. 407. No funds in this Act may be used to sup-23

port any Federal, State, or local projects that seek to use 24

the power of eminent domain, unless eminent domain is 25


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employed only for a public use: Provided, That for pur-1

poses of this section, public use shall not be construed to 2

include economic development that primarily benefits pri-3

vate entities: Provided further, That any use of funds for 4

mass transit, railroad, airport, seaport or highway 5

projects, as well as utility projects which benefit or serve 6

the general public (including energy-related, communica-7

tion-related, water-related and wastewater-related infra-8

structure), other structures designated for use by the gen-9

eral public or which have other common-carrier or public- 10

utility functions that serve the general public and are sub-11

ject to regulation and oversight by the government, and 12

projects for the removal of an immediate threat to public 13

health and safety or brownfields as defined in the Small 14

Business Liability Relief and Brownfields Revitalization 15

Act (Public Law 107–118) shall be considered a public 16

use for purposes of eminent domain. 17


Act may be transferred to any department, agency, or in-19

strumentality of the United States Government, except 20

pursuant to a transfer made by, or transfer authority pro-21

vided in, this Act or any other appropriations Act. 22

SEC. 409. No part of any appropriation contained in 23

this Act shall be available to pay the salary for any person 24

filling a position, other than a temporary position, for-25


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merly held by an employee who has left to enter the Armed 1

Forces of the United States and has satisfactorily com-2

pleted his or her period of active military or naval service, 3

and has within 90 days after his or her release from such 4

service or from hospitalization continuing after discharge 5

for a period of not more than 1 year, made application 6

for restoration to his or her former position and has been 7

certified by the Office of Personnel Management as still 8

qualified to perform the duties of his or her former posi-9

tion and has not been restored thereto. 10

SEC. 410. No funds appropriated pursuant to this 11

Act may be expended by an entity unless the entity agrees 12

that in expending the assistance the entity will comply 13

with sections 2 through 4 of the Act of March 3, 1933 14

(41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 15

American Act’’). 16

SEC. 411. No funds appropriated or otherwise made 17

available under this Act shall be made available to any 18

person or entity that has been convicted of violating the 19

Buy American Act (41 U.S.C. 8301–8305). 20


Act may be used for first-class airline accommodations in 22

contravention of sections 301–10.122 and 301–10.123 of 23

title 41, Code of Federal Regulations. 24


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SEC. 413. (a) None of the funds made available by 1

this Act may be used to approve a new foreign air carrier 2

permit under sections 41301 through 41305 of title 49, 3

United States Code, or exemption application under sec-4

tion 40109 of that title of an air carrier already holding 5

an air operators certificate issued by a country that is 6

party to the U.S.-E.U.-Iceland-Norway Air Transport 7

Agreement where such approval would contravene United 8

States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor-9

way Air Transport Agreement. 10

(b) Nothing in this section shall prohibit, restrict or 11

otherwise preclude the Secretary of Transportation from 12

granting a foreign air carrier permit or an exemption to 13

such an air carrier where such authorization is consistent 14

with the U.S.-E.U.-Iceland-Norway Air Transport Agree-15

ment and United States law. 16


Act may be used to send or otherwise pay for the attend-18

ance of more than 50 employees of a single agency or de-19

partment of the United States Government, who are sta-20

tioned in the United States, at any single international 21

conference unless the relevant Secretary reports to the 22

House and Senate Committees on Appropriations at least 23

5 days in advance that such attendance is important to 24

the national interest: Provided, That for purposes of this 25


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section the term ‘‘international conference’’ shall mean a 1

conference occurring outside of the United States attended 2

by representatives of the United States Government and 3

of foreign governments, international organizations, or 4

nongovernmental organizations. 5


wise made available under this Act may be used by the 7

Surface Transportation Board to charge or collect any fil-8

ing fee for rate or practice complaints filed with the Board 9

in an amount in excess of the amount authorized for dis-10

trict court civil suit filing fees under section 1914 of title 11

28, United States Code. 12


Act may be used by the Department of Transportation, 14

the Department of Housing and Urban Development, or 15

any other Federal agency to lease or purchase new light 16

duty vehicles for any executive fleet, or for an agency’s 17

fleet inventory, except in accordance with Presidential 18

Memorandum—Federal Fleet Performance, dated May 19

24, 2011. 20


this Act may be used to maintain or establish a computer 22

network unless such network blocks the viewing, 23

downloading, and exchanging of pornography. 24


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(b) Nothing in subsection (a) shall limit the use of 1

funds necessary for any Federal, State, tribal, or local law 2

enforcement agency or any other entity carrying out crimi-3

nal investigations, prosecution, or adjudication activities. 4


this Act may be used to deny an Inspector General funded 6

under this Act timely access to any records, documents, 7

or other materials available to the department or agency 8

over which that Inspector General has responsibilities 9

under the Inspector General Act of 1978 (5 U.S.C. App.), 10

or to prevent or impede that Inspector General’s access 11

to such records, documents, or other materials, under any 12

provision of law, except a provision of law that expressly 13

refers to the Inspector General and expressly limits the 14

Inspector General’s right of access. 15

(b) A department or agency covered by this section 16

shall provide its Inspector General with access to all such 17

records, documents, and other materials in a timely man-18

ner. A department or agency shall not withhold or delay 19

access by the Inspector General in order to conduct inter-20

nal reviews of responsive documents, nor shall privileges 21

preventing release of agency documents to third parties 22

be a basis for withholding or delaying access to the Inspec-23

tor General. 24


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(c) Each Inspector General shall ensure compliance 1

with statutory limitations on disclosure relevant to the in-2

formation provided by the establishment over which that 3

Inspector General has responsibilities under the Inspector 4

General Act of 1978 (5 U.S.C. App.). 5

(d) Each Inspector General covered by this section 6

shall report to the Committees on Appropriations of the 7

House of Representatives and the Senate within 5 cal-8

endar days any failures to comply with this requirement. 9

Within 5 calendar days of the Inspector General’s report, 10

the department or agency will provide the Committees on 11

Appropriations of the House of Representatives and the 12

Senate with an accounting of timeframe and efforts by the 13

agency to provide OIG access. 14


wise made available by this Act may be used to pay award 16

or incentive fees for contractors whose performance has 17

been judged to be below satisfactory, behind schedule, over 18

budget, or has failed to meet the basic requirements of 19

a contract, unless the Agency determines that any such 20

deviations are due to unforeseeable events, government- 21

driven scope changes, or are not significant within the 22

overall scope of the project and/or program unless such 23

awards or incentive fees are consistent with 16.401(e)(2) 24

of the Federal Acquisition Regulations. 25


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This Act may be cited as the ‘‘Transportation, Hous-1

ing and Urban Development, and Related Agencies Appro-2

priations Act, 2020’’. 3


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Union C

alendar No. 79

11

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. 3163 [R

eport N

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union calendar no. 79 th st congress session h. r. 3163...6 •hr 3163 rh 1 2013-2017 five-year data...

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